March 17, 2009


Ms. Judy Wasylycia-Leis:
    With respect to United Nations conventions and treaties to which Canada is a signatory: (a) what are the federal government’s criteria for assessing individual provincial and territorial endorsement for ratifying a treaty or convention; (b) as of November 1, 2008, which provinces and territories have, according to these criteria, endorsed ratification of the United Nations Convention on the Rights of Persons with Disabilities (the Convention); (c) what steps will be undertaken by the government to secure endorsement by the remaining provinces and territories; (d) when is the next federal-provincial-territorial ministerial meeting on human rights scheduled and will Convention ratification be on the agenda of that meeting; (e) has the Convention been added to the list of international human rights treaties and conventions that are standing items on meeting agendas of the Continuing Committee of Officials on Human Rights (CCOHR); (f) has progress on the ratification process for the Convention been discussed at CCOHR meetings and what is the status of that progress as of November 1, 2008 according to the minutes of those meetings; (g) is the target date for the completion of consultations with the provinces and territories on the ratification of the Convention within the required timeframe to permit Canada to participate fully in the first meeting of States party to the Convention, expected in November 2008, to chart the oversight committee’s future course and, if not, why not; (h) what is the federal government’s criteria for assessing individual provincial and territorial endorsement for signing the Optional Protocol of an international treaty; (i) as of November 1, 2008, which provinces and territories have, according to these criteria, endorsed Canada signing the Optional Protocol of the Convention; and (j) has progress on signing the Optional Protocol for the Convention been discussed at CCOHR meetings and what is the status of that progress as of November 1, 2008, according to the minutes of those meetings?

Hon. James Moore (Minister of Canadian Heritage and Official Languages, CPC):
    Mr. Speaker, in response to (a), the Government of Canada has sole authority to ratify international treaties and seeks to ensure that domestic laws, policies and programs comply with the treaty in question prior to ratification. Where an international treaty has implications for provincial and territorial governments, as is the case with the Convention on the Rights of Persons with Disabilities, CRPD, e.g., regarding accessibility of buildings and services, legal capacity, health, education, family law, et cetera, these governments will do their own assessments to ensure conformity with the relevant provisions of the treaty. The Government of Canada and provincial and territorial governments are currently reviewing their policies, programs and legislation with a view to ratifying the CRPD.
   
In response to (b), consultations with provincial and territorial governments are ongoing. It is essential that governments have the time required to consult in confidence in order to ensure Canada’s compliance and support for ratification of the CRPD.
   
In response to (c), the Government of Canada is providing support and assistance to provincial and territorial governments throughout the ongoing review and assessment process. All governments are actively reviewing their policies, programs and legislation as required prior to ratification. As is common practice, the Government of Canada will seek the formal support of provincial and territorial governments once these internal reviews are completed and following a decision by the federal government with respect to ratification.
   
In response to (d), a ministerial meeting has not been scheduled. The Government of Canada continues to work with provinces and territories through the Continuing Committee of Officials on Human Rights.
    
In response to (e), the CRPD is a standing item on the agendas for biannual face-to-face meetings of the CCOHR and the monthly conference calls of the CCOHR.
   
In response to (f), discussions on ratification of the CRPD were held at the last in person meeting of the CCOHR as well as prior and subsequent conference calls. The review and consultations are ongoing.
   
In response to (g), the Government of Canada has not set a firm timeline for ratification in order to ensure that all governments have the time required to review their policies, programs and legislation for compliance with the CRPD prior to a final decision on ratification.
   
The timeframe in which governments are currently working is within the norms established by the process for ratification of other international human rights treaties which had similar implications for provincial and territorial governments.
   
In response to (h), (i) and (j), the process with respect to ratification of an optional protocol establishing an individual complaints mechanism in respect of an international human rights treaty, such as the optional protocol to the CRPD, is the same as the process for ratification of the treaty itself. The focus of current discussions with provinces and territories has been on the convention.