A/HRC/43/41/Add.2
B.
Institutional and policy framework
21.
The Office for Disability Issues is the federal focal point on disability, as provided
for by article 33 (1) of the Convention on the Rights of Persons with Disabilities. The
Office works to build capacity, improve knowledge and foster coherent disability-related
programmes across federal agencies and departments. Each provincial and territorial
government has a similar office responsible for providing policy advice and expertise on
disability issues within their jurisdiction. However, there is no national mechanism to
coordinate disability-related action in the different sectors or among the federal, provincial
and territorial levels. The Special Rapporteur encourages the authorities to consider
establishing such a mechanism to enhance national coherence in the implementation of the
Convention.
22.
The Accessible Canada Act amends the Canadian Human Rights Acts by
designating the Canadian Human Rights Commission as the independent body responsible
for monitoring the Government’s implementation of the Convention on the Rights of
Persons with Disabilities as required by its article 33 (2). The Special Rapporteur welcomes
this positive development and underlines the importance of providing the Commission an
unequivocal national monitoring mandate and appropriate financial and human resources to
implement this function. In addition, she encourages each province and territory to
designate its own independent monitoring mechanism, which could coordinate with the
national mechanism and support national monitoring efforts.
23.
Although there are several examples in which the federal, provincial and territorial
governments have come together to coordinate actions in diverse areas, there is no panCanadian strategy on the rights of persons with disabilities. Prior to the adoption of the
Convention on the Rights of Persons with Disabilities, in 1998, the federal, provincial and
territorial governments, with the exception of Quebec, which passed the Loi assurant
l’exercise des droits des personnes handicapées in 1978, adopted a common vision and
long-term policy directions aimed at addressing gaps in the provision of support services,
employment and income security for persons with disabilities. 6 A new comprehensive
national policy is needed to secure the implementation of the Convention.
24.
The Special Rapporteur welcomed the availability of data disaggregated by
disability status and the use of the Canadian Disability Screening Questions and the short
set of questions of the Washington Group on Disability Statistics. These positive efforts are
key to monitoring the implementation of the Convention and the Sustainable Development
Goals in an internationally comparable manner. However, it is worrying that the statistical
and administrative information available is not adequately used at the provincial and
territorial level to inform the design, implementation and monitoring of policies and
programmes. Moreover, there are information gaps in relation to persons with disabilities in
institutions.
25.
The Special Rapporteur welcomes the increased domestic commitment towards the
implementation of the Sustainable Development Goals, which provides an opportunity to
include the rights of persons with disabilities in national development policies and plans.
She encourages the federal, provincial and territorial governments to work together to
implement these obligations as part of their efforts to leave no one behind.
C.
Issues to be addressed in the area of legal and policy harmonization
26.
While acknowledging the existing disability framework, the Special Rapporteur
recommends that the Government of Canada conduct a comprehensive legislative review to
fully harmonize the federal, provincial and territorial normative frameworks with the
provisions of the Convention on the Rights of Persons with Disabilities. Current legislation
does not yet reflect the model of substantive equality introduced by the Convention, which
6
Federal/Provincial/Territorial Ministers Responsible for Social Services, In Unison: A Canadian
Approach to Disability Issues.
5
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