A/HRC/45/12/Add.3 • Rights related to adequate housing • Obligation to ensure to the maximum extent possible the survival and development of the child • Obligation to provide a child with the opportunity to be heard in any judicial and administrative proceedings affecting the child • Obligations and responsibilities related to preventing [childhood] exposure to… • Right to freedom of expression • Freedom to seek, receive and impart information and ideas of all kinds Para 12, 1st sentence, comments: In this paragraph, the Special Rapporteur notes that it is the “Canadian Human Rights Act” as well as provincial and territorial human rights codes that form Canada’s human rights framework. Canada recommends a reference to the courts and tribunals that make decisions in relation to these instruments. It is suggested that the paragraph be re-worded as follows: “The Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and provincial and territorial human rights codes, form the main national human rights framework. … As discussed below, these instruments and the various courts and tribunals that make decisions in relation to them, lay the foundation for addressing discrimination”. Para 13, 1st sentence, comments: In paragraph 13, the mandate of the Canadian Human Rights Commission (CHRC) is limited on human rights issues relating to environmental discrimination. Canada would redraft the first sentence as follows: “However, the CHRC faces various challenges, including limited public awareness of available avenues for filing complaints, and a limited mandate to handle human rights issues relating to environmental discrimination”. Para 14, 3rd sentence, comments: We suggest redrafting the third sentence as the following: “Canada’s international human rights are implemented in law, policies, and programs. Economic, social and cultural rights re not directly actionable in Canadian courts”. Para 14, last sentence, comments: We suggest redrafting the last sentence as the following: “Thus, the rights related to health, safe water and food, adequate housing, safe and healthy working conditions, and other rights implicated by exposure to toxic substances, do not appear to be directly actionable under Canadian law”. Para 32, 5th sentence, comments: Canada’s Charter has not been read (by the courts) to include environmental rights protections. The recent climate change litigation was at the class certification stage, not the merits. Canada suggests re-drafting this sentence as the following: “While it has been argued that the Charter may be implicitly read…” Para 66, 2nd sentence, comments: The reports incorrectly asserts that Canada’s obligations apply extraterritorially. Canada recommends simply reaffirming the general principle. The following wording is suggested: “Canada takes its human rights obligations very seriously. Canada reaffirms its obligation to respect the human rights of all individuals within its territory and subject to its jurisdiction, without discrimination of any kind”. Para 78, 2nd sentence, and para 92, last sentence, comments : Canada takes violence against Indigenous women and girls very seriously. Canada is very concerned about the allegations in paragraphs 78 and 92 and requests that the Special 7