A/HRC/13/23/Add.2
Government, in close cooperation with provincial or territorial authorities, must work
towards stronger mechanisms of cooperation to guarantee consistent enforcement
with respect to obligations under the provisions of international treaties, particularly
in the area of non-discrimination and equality and the implementation of the rights of
persons belonging to minority groups.
107. Where provincial/territorial governments fail, the federal Government must
take a vigorous approach to influencing matters that are otherwise considered within
the exclusive jurisdiction of provincial or territorial governments. The federal
Government has placed conditions on provincial governments in the exercise of its
spending powers. Using that authority to exercise control over provincial or local
actions when necessary to guarantee the rights of minorities to equality should be
considered in the national interest regardless of whether the matter falls within the
exclusive provincial jurisdiction.
108. Minorities feel that certain mechanisms of redress are inaccessible,
underfunded and under threat, particularly the Human Rights Commissions.
Additionally, the Court Challenges Program which provided critical support for
enforcing constitutional guarantees has been defunded. This has led some
communities to perceive an erosion of their avenues for redress and to lose faith in the
effectiveness of these critical enforcement bodies. Human Rights Commissions and
other independent advisory and monitoring bodies have an essential role to play in the
promotion and protection of human rights and should be adequately resourced in
order to carry out their work. The independent expert recommends review of the
abolition of the Court Challenges Program, particularly the Equality Rights Program.
GE.10-11860
23