Question Period Note: Children’s Commissioner

Children’s Commissioner

• Canada is committed to protecting children’s rights.
• Federal, provincial and territorial governments are all responsible for children’s rights and several mechanisms exist to facilitate their coordination.
• Most provinces and territories have advocates to protect children’s rights and assist with remedies for violations of their rights. The Human Rights Commissions and Tribunals also facilitate coordination and monitoring of children’s rights.
• We continue our whole-of-government approach to children’s rights, including to deliver on the recent commitments to ensure the voices and needs of children are represented in our agenda.

• The federal, provincial and territorial governments in Canada share responsibility for implementing the United Nations Convention on the Rights of the Child and for upholding children’s rights, and do so through laws, policies and programs.
• Several mechanisms already exist to facilitate the coordination of children's rights and well-being in Canada. For example:
o most provinces and territories have children’s advocates or representatives to promote and protect children’s rights. While these advocates have varying mandates, most are directed to undertake individual and systemic advocacy, raise awareness, and perform reviews and investigations in matters concerning children and youth. Many advocates serve all children in their jurisdiction, while others give special consideration to specific sub-populations, such as children in the child welfare system.
o the Forum of Federal-Provincial-Territorial Ministers on Human Rights and Senior Officials Committee Responsible for Human Rights discuss key priorities related to human rights in Canada and enhance collaboration on children’s and other human rights across governments;
o the Continuing Committee of Officials on Human Rights consults and collaborates on Canada’s implementation of international human rights treaties, including the UNCRC; and,
o the Interdepartmental Working Group on Children’s Rights promotes a whole-of-government approach to children’s rights and encourages linkages among federal departments with policies that affect children.
• Other mechanisms also monitor implementation of children’s rights, for example: Human Rights Commissions and Tribunals; the Canadian Council of Child and Youth Advocates; and the Act respecting First Nations, Inuit and Métis children, youth and families.
• The issue of establishing a national children’s commissioner has been proposed and debated numerous times since Canada signed and ratified the United Nations Convention on the Rights of the Child in 1990 and 1991 respectively. A children’s commissioner has been called for by stakeholders, in Private Members Bills, by Senate Committees, and by the United Nations Committee on the Rights of the Child.
• In June 2020, Senator Rosemary Moodie (Independent Senators Group) introduced Bill S-210: An Act to establish the Office of the Commissioner for Children and Youth in Canada. The Bill was debated at Second Reading on June 8, 2021 but went no further. This legislation also proposed the creation of an Assistant Commissioner to ensure focus on matters related to First Nations, Metis and Inuit children and youth.

• Bill S-210 follows several legislative attempts to establish a Commissioner, including by Senator Moodie in the preceding parliamentary session under Bill S-217. Other notable attempts include Bill C-701 (41-2) introduced in 2015 by former Minister of Justice Irwin Cotler and Bill C-420 (41-1) introduced in 2012 by then-MP Marc Garneau, which was ultimately defeated at Second Reading.

• Most recently, on April 12, 2022, the Senate of Canada, led by Senator Rosemary Moodie, released a report entitled, “A Look into Our Thoughts: A Collaborative Initiative on the Creation of a Commissioner for Canada’s Children and Youth. It shares the findings of a year-long engagement with 500 youth on what they hope to see in a federal commissioner.
o Overall, this report indicates that a majority of children and youth want to see a Children’s Commissioner in place at the federal level. During the engagement sessions, young people shared the view that the primary focus of the children’s Commissioner/Office should be to listen to and value young people’s perspectives, experiences and voices. They also prioritized having a federal Commissioner who: focuses on protecting, promoting and implementing children’s rights in practice; represents children in Parliament; and, cultivates and advocates for change, including policy changes that would be relevant for children and youth.
o In its conclusion, the report highlights that youth voices are underrepresented in our government and that a federal Children’s Commissioner presents and opportunity to strengthen and amplify the voices of young people.
• Canada appeared before the United Nations Committee on the Rights of the Child (the Committee) on May 17 and 18, 2022. Similar to the last appearance in 2012, the Committee questioned why Canada has not created a commissioner. In their Concluding Observations, the Committee reiterated their 2012 recommendation that an independent mechanism at the federal level for monitoring children’s rights be established.
• The Convention on the Rights of the Child does not require States to establish a commissioner or similar function within their respective jurisdictions. However, in the Concluding Observations of the United Nations Committee to Canada’s 3rd-4th Report on the Convention (2012), the Committee argued that a commissioner would represent significant progress in meeting broader obligations related to monitoring and public reporting, and pointed to similar bodies in place among other signatory States.
• In 2015, the Government of Canada created the new Cabinet position of Minister of Families, Children and Social Development, which helps to ensure a coordinated response on many children’s issues.

• Another important mechanism that the Government has established in legislation to ensure the rights and experiences of children are promoted and protected is a member responsible for children’s issues as part of the independent National Advisory Council on Poverty.
• This member ensures that children’s interests are taken into consideration as the Council engages with Canadians on poverty, advises on a broad range of programs and services regarding poverty reduction, and publically reports on progress being made to meet the government’s poverty reduction targets.