Para. 21: "The Committee would like to have heard of some measures being undertaken by provincial governments in Canada to provide for more effective legal remedies against violations of each of the rights contained in the Covenant."
Para. 25: "The Committee recommends the incorporation in human rights legislation of more explicit reference to social, economic and cultural rights."
Para. 12: "unless a right under the Covenant is implicitly or explicitly protected by the Charter through federal-provincial agreements, or incorporated directly in provincial law, there is no legal redress available"
Para. 51: "The Committee again urges federal, provincial and territorial governments to expand protection in human rights legislation to include social and economic rights"
Para. 52: "Covenant rights are enforceable within the provinces and territories through legislation or policy measures and the establishment of independent and appropriate monitoring and adjudication mechanisms."
Para. 11(a): "enacting legislation specifically recognizing economic, social and cultural rights"
Para. 35: "Covenant rights should be enforceable within provinces and territories through legislation or policy measures"
Para. 40: "The State party should take immediate steps, including legislative measures, to create and ensure effective domestic remedies for all Covenant rights in all relevant jurisdictions."
Para. 7: "funding and other agreements with provinces, territories and municipalities do not establish responsibilities for the implementation of Covenant rights"
Para. 8: "economic, social and cultural rights be incorporated into intergovernmental agreements and enabling legislation for municipalities"
Para. 8: "transfer of payments take into due account compliance with Covenant rights."
Para. 7: "develop a comprehensive law on children's rights at the federal level"
Para. 8: "adopt a national strategy that provides a comprehensive implementation framework for the federal, provincial and territorial levels of government"
Para. 13: "Expeditiously establish an independent mechanism at the federal level for monitoring children's rights"
Para. 21(e): "Provide effective remedies to children for violations of their right to health as result of mercury contamination"
Para. 33: "implement a human rights-based approach to disability"
Para. 39(d): "Consider revising the provincial and territorial laws governing evictions"
Para. 8: "create an accountability mechanism and ensure equal distribution of resources for the implementation of the Convention at the federal, provincial and territorial levels."
Para. 10: "develop and launch a new national action plan against racism"
Para. 10: "includes implementing legislation, dedicated resources, targets, and adequate monitoring and reporting mechanisms"
Para. 18(b): "adopt a legislative framework to implement the Convention"
Para. 15: "inadequate coordination among federal, provincial and territorial structures for the advancement of women's rights undermines accountability and uniform implementation"
Para. 16: "streamline the procedures and policies of all institutions at the federal, provincial and territorial levels"
Para. 40(a): "develop a gender-specific accountability mechanism that includes time-bound, human rights-based goals and targets"
Para. 40(c): "Adopt consistent legislation across all levels of government to mandate gender-based and human-rights-based impact assessments for all development projects."
Para. 8(a): "establish legally defined mechanisms to ensure compliance with the Convention by all provinces and territories"
Para. 8(a): "condition fiscal transfers from the federal level to provinces and territories on adherence to the Convention"
Para. 26(a): "Establish principles and guidelines for funding agreements with provincial and territorial governments to ensure broad legal aid eligibility criteria"
Para. 40(a): "Implement a coordinated deinstitutionalization strategy across federal, provincial and territorial governments"
Para. 40(c): "Develop, at the federal, provincial and territorial levels, a nationally consistent, rights-based legislative and policy framework"
Para. 67(a): "Establish an intergovernmental mechanism to coordinate the effective implementation of the Convention at the federal level and in the provinces and territories"
Para. 5: "lack of a structured system for the implementation of its international human rights obligations"
Para. 6: "appropriate and effective mechanisms at the federal, provincial and territorial levels"
Para. 6: "guarantee the right of victims to an effective remedy, including through national courts"
Para. 52(a): "achieve the full and uniform implementation of Jordan's Principle across all regions"
Para. 54(b): "establish an independent monitoring and enforcement mechanism with the full and meaningful participation of Indigenous peoples."
Para. 54(d): "Ensure access to justice and effective remedies for Indigenous peoples affected by infrastructure or natural resource projects"
A/HRC/11/17, rec. 13: "Streamline its domestic legislation for the smooth and immediate implementation of its international obligations by all levels of government"
A/HRC/24/11, rec. 128.123: "Recognize in the national legislation access to water and sanitation as a human right"
A/HRC/39/11, rec. 142.164: "legislation implementing the National Housing Strategy fully recognizes the right to housing and provide for effective remedies"
A/HRC/39/11, voluntary commitment 144.1: "strengthening intergovernmental collaboration and public dialogue on human rights"
A/HRC/55/12, rec. 37.165: "Ensure that economic, social and cultural rights can be effectively exercised by all people in Canada"
Para. 21: "The Committee is concerned that in some court decisions and in recent constitutional discussions, social and economic rights have been described as mere 'policy objectives' of governments rather than as fundamental human rights. The Committee was also concerned to receive evidence that some provincial governments in Canada appear to take the position in courts that the rights in article 11 of the Covenant are not protected, or only minimally protected, by the Charter of Rights and Freedoms."
Para. 23: "The Committee is concerned to learn that in a few cases, courts have ruled that the right to security of the person in the Charter does not protect Canadians from social and economic deprivation, or from infringements of their rights to adequate food, clothing and housing."
Para. 30: "The Committee encourages the Canadian courts to continue to adopt a broad and purposive approach to the interpretation of the Charter of Rights and Freedoms and of human rights legislation so as to provide appropriate remedies against violations of social and economic rights in Canada."
Para. 4: "The Committee notes with satisfaction that the Supreme Court of Canada has not followed the decisions of a number of lower courts and has held that section 15 (equality rights) of the Canadian Charter of Rights and Freedoms (the Charter) imposes positive obligations on governments to allocate resources and to implement programmes to address social and economic disadvantage, thus providing effective domestic remedies under section 15 of the Charter for disadvantaged groups."
Para. 50: "The Committee urges the federal, provincial and territorial governments to adopt positions in litigation which are consistent with their obligation to uphold the rights recognized in the Covenant."
Para. 11(b): "The lack of legal redress available to individuals when governments fail to implement the Covenant, resulting from the insufficient coverage in domestic legislation of economic, social and cultural rights, as spelled out in the Covenant; the lack of effective enforcement mechanisms for these rights; the practice of governments of urging upon their courts an interpretation of the Canadian Charter of Rights and Freedoms denying protection of Covenant rights, and the inadequate availability of civil legal aid, particularly for economic, social and cultural rights."
Para. 41: "The Committee recommends that the federal, provincial and territorial governments promote interpretations of the Canadian Charter of Rights and Freedoms and other domestic laws in a way consistent with the Covenant."
Para. 5: "The Committee is concerned that, despite certain promising developments and the Government's commitment to review its litigation strategies, economic, social and cultural rights remain generally non-justiciable in domestic courts. The Committee is also concerned at the limited availability of legal remedies for victims in the event of a violation of Covenant rights, which may disproportionately impact disadvantaged and marginalized groups and individuals, including homeless persons, indigenous peoples and persons with disabilities."
Para. 6: "The Committee recommends that the State party take the legislative measures necessary to give full effect to the Covenant rights in its legal order and ensure that victims have access to effective remedies. The Committee recommends that the State party implement its commitment to review its litigation strategies in order to foster the justiciability of the economic, social and cultural rights."
Para. 6: "The State party should engage civil society and organizations of indigenous peoples in that revision, with a view to broadening the interpretation of the Canadian Charter of Rights and Freedoms, notably sections 7, 12 and 15, to include economic social and cultural rights, and thus ensure the justiciability of Covenant rights."
Para. 4: "The Committee reminds the State party of the indivisibility and interdependence of all the rights enshrined in the Convention and emphasizes the importance of all the recommendations contained in the present concluding observations."
Para. 6(c): "provide information in its next periodic report on economic and social indicators for ethnic minority groups, indigenous peoples and non-citizens to enable the Committee to better evaluate their enjoyment of economic, social and cultural rights"
Para. 22: "The Committee reiterates its previous recommendation (see CERD/C/CAN/CO/19-20, para. 14) that the State party ensure access to justice through judicial and non-judicial remedies for violations of rights of persons by transnational corporations registered in Canada, operating abroad."
Para. 7: "The Committee welcomes the international support for the Sustainable Development Goals and calls for the realization of de jure (legal) and de facto (substantive) gender equality, in accordance with the provisions of the Convention, throughout the process of implementing the 2030 Agenda for Sustainable Development."
Para. 8(b): "Require that statutes and regulations in all jurisdictions be interpreted in a manner consistent with the Convention and ensure, in particular, that the principles and standards of the Convention underpin the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act and the associated action plan and that self-determination, sovereignty and culture, including for non-status and off-reserve Indigenous persons with disabilities, are respected."
Para. 31: "However, the Committee is concerned about the State Party's position according to which the right to life does not, or would not, create positive obligations. It is also concerned about the adverse impact of climate change and environmental degradation on the right to life, particularly for Indigenous peoples, and other individuals in situations of vulnerability."
Para. 32: "In accordance with article 6 of the Covenant and in the light of the Committee's general comment No. 36 (2018), the State Party should strengthen its climate mitigation and adaptation policies to ensure the protection of the right to life, particularly for Indigenous peoples and persons in vulnerable situations."
A/HRC/11/17, rec. 10: "Recognize the justiciability of social, economic and cultural rights, in accordance with the Optional Protocol to ICESCR (Brazil); ensure legal enforcement of economic, social and cultural rights in domestic courts (Pakistan); grant the same importance to and treat equally civil, political, economic, social and cultural rights, in its legislation at all levels (Mexico)."
A/HRC/39/11, rec. 142.149: "Ensure the justiciability of economic, social and cultural rights"
A/HRC/39/11, rec. 142.151: "Interpret the Charter of Rights and Freedoms confirming the interdependence and indivisibility of all human rights with a view to ensuring access to food, health and adequate housing for all those living in the country"