A/HRC/43/41/Add.2 challenges structural discrimination and the exclusion of persons with disabilities and does not address discrimination only in individual cases. The federal Government can encourage provinces and territories to also harmonize their legal and policy frameworks with the Convention by utilizing existing mechanisms for collaboration such as the intergovernmental committees and working groups, as well as financial disbursements. 27. Furthermore, certain pieces of legislation at the federal, provincial and territorial levels are contrary to the rights of persons with disabilities set out in the Convention. These include, for example, provisions on: substitute decision-making regimes, such as guardianship or tutelle; the involuntary hospitalization and treatment of persons with psychosocial disabilities; and, in the Criminal Code, on deprivation of liberty resulting from declarations of unfitness to stand trial or non-criminal responsibility on grounds of mental health conditions.7 28. The Special Rapporteur would like to stress that, while the Canadian antidiscrimination framework allows for individual remedies, it is insufficient for the systemic transformation of society that is needed to ensure the rights of persons with disabilities. Responsibility falls upon individuals to draw attention to discriminatory practices or policies and initiate lengthy and onerous legal procedures to achieve the recognition and enjoyment of their rights. Currently, close to 60 per cent of the complaints to the Canadian Human Rights Commission involve cases of discrimination on the basis of disability. More proactive governmental responses at the federal, provincial and territorial levels are needed to ensure systemic change and the promotion and protection of the human rights of persons with disabilities. 29. The Government needs to ensure that all public policies, including disability-specific ones, reflect a human rights-based approach to disability and strive to remove barriers that impede the effective and full participation of persons with disabilities on an equal basis with others. The authorities need to increase the awareness, knowledge and capacity of all government officials, civil servants, service providers and civil society representatives to implement articles 4 (1) and 8 of the Convention and to engage in a broad-ranging public awareness campaign on the Convention and the rights-based approach to disability. D. Indigenous persons with disabilities 30. The indigenous peoples of Canada include the First Nations, the Métis Nation and the Inuit. Indigenous persons with disabilities live both on and off reserves in communities. According to the 2017 Aboriginal Peoples Survey, 8 32.7 per cent of off-reserve First Nations people aged 25–54 years had a disability and women were more likely to have a disability than men (39.3 per cent of women compared with 24.5 per cent of men). First Nations persons with disabilities living off reserves were less likely to be employed (47.9 per cent) than those without disabilities (75.8 per cent), a gap similar to that observed in the total population in Canada. There is no official information on the number of persons with disabilities on reserves or from Métis and Inuit origin. 31. The federal, provincial, territorial and indigenous governments are jointly responsible for the implementation of the rights of indigenous persons with disabilities. The Non-Insured Health Benefits Program provides eligible First Nations and Inuit people with coverage for a range of health benefits, including medication, dental and eye care, medical supplies and equipment, mental health counselling and transportation to access health services not available locally. It complements provincial and territorial health-care programmes as well as other First Nations and Inuit community-based programmes and services. The Income Assistance Program provides funding to help individuals and families living on reserves meet their basic needs, and the Assisted Living Program provides income-tested funding for non-medical social support services to persons with disabilities living on reserves, including in-home care, adult foster care and institutional care. 7 8 6 The statutory framework governing the treatment of accused persons deemed unfit to stand trial or not criminally responsible is set out in part XX.1 of the Criminal Code. See www.aadnc-aandc.gc.ca/eng/1321384019753/1322059098232.