A/HRC/13/23/Add.2
commentators described Safe School policies as a “pipeline into the criminal justice
system”.
38.
The government of Ontario notes that a comprehensive review of the safe schools
provisions of the Education Act was conducted and amendments passed (Bill 212 and
associated regulations in 2007) to more effectively combine discipline with opportunities
for students to continue their education. Disciplinary measures are to be applied, it states,
within a framework that shifts the focus from solely punitive to both corrective and
supportive interventions. The government of British Columbia notes that its “Make a Case
against Racism” programme is an example of a positive programme which encourages
students to take personal responsibility for preventing racism, while celebrating cultural
diversity through music and art.
39.
The independent expert visited Ryerson Community School, which services a
diverse ethno-cultural and linguistic community and is part of the Model Schools for Inner
Cities Initiative of Toronto District School Board. This school demonstrates an impressive
commitment to anti-racist education and positive practices in education. These include: a
school council including numerous community representatives; enhanced opportunities for
parent involvement; the Parenting and Literacy Centre as an important link between home
and school; and a network of community links and partnerships with community-based
social and support organizations.
C.
Employment
40.
Employment discrimination on the basis of race is prohibited by the Canadian
Human Rights Act and provincial and territorial human rights codes. The federal
Employment Equity Act of 1995 (which amended the 1986 Act) applies to federally
regulated employers and industries including banks, broadcasters, telecommunications
companies, railroad companies, airlines and transportation companies – approximately 12
per cent of Canada’s labour market, totalling about 1,527 employers and 1.94 million
employees. The majority of private employers and their staff fall under provincial and
territorial jurisdiction. The Act aims to provide equal opportunities in employment to
designated protected groups: women; persons with disabilities; aboriginal peoples; and
visible minorities. The Canadian Human Rights Commission monitors compliance and
conducts employment equity audits of employers, including their implementation of special
measures and the “accommodation of differences”.
41.
No province has a law that is analogous with the federal Employment Equity Act.
Most Canadian provinces have employment equity policies that apply to provincial and
territorial government and private employers within a framework of non-discrimination
legislation that prohibits discrimination including in employment. Minority representatives
highlight that legislation and policy initiatives suffer from poor implementation and
enforcement.
42.
Some minorities asserted that they experience discrimination in access to
employment based upon their colour, ethnic origin or their religion. Census data from 2006
reveals that, nationally, blacks (not disaggregated by Statistics Canada) experienced
unemployment rates of 10.7 per cent, West Asians (including Iranian and Afghan, among
others) 10.7 per cent, and Arabs 13 per cent, compared to non-visible minority
unemployment rates of 6.2 per cent.13 Barriers to labour markets are experienced not only
13
GE.10-11860
See Statistics Canada, Topic-based tabulations (labour activity), available from
http://www12.statcan.gc.ca/
11