A/HRC/13/23/Add.2 effective participation of members of minorities in public life, especially with regard to decisions that affect them. She applies a gender perspective in all areas of her work. 6. The independent expert has chosen to focus her attention on persons belonging to racial or ethnic and religious minorities, officially categorized in Canada as “visible minorities”. Statistics Canada uses this term in its reporting based upon demographic census data. When enacting the Employment Equity Act in 1986, Canada adopted the term “visible minorities” to define those with diverse ethnic and racial origins who had experienced disadvantages in employment, considering it the best terminology available. 7. The term “visible minority” is objected to by many of those it is used to describe. They point out that this catch-all term has served to obscure and dilute the differences and distinct experiences of diverse minority groups. They state that the term discounts the racial hierarchy that is embedded in how race is constructed and how racism is manifested for different racial minority groups. Many favour being referred to as “racialized” individuals or groups. 8. Statistical analysis should acknowledge and reveal the great diversity of identities and experiences of different national, ethnic, religious and linguistic minorities. However, the independent expert notes a considerable lack of clarity with regard to the use of terms such as “visible-minority” (and conversely “non-visible-minority”), “Black”, “African Canadian”, “Asian Canadian” and “Arab”. General references to “African Canadians” or “Blacks” encompass people of extremely diverse ethnic, sociocultural, geographical and historical origins, including former slaves, loyalists, immigrants from the Caribbean (both anglophone and francophone), immigrants from Africa and African refugees. The same is true for diverse communities of Asian origin. 9. Specific minority communities experience unique situations and challenges that may be hidden by the use of general terms of reference under which their data is gathered. Aggregating these experiences under “catch-all” terminologies masks their uniqueness and defies attempts to gain understanding and develop effective policies. References made in the present report to statistical data disaggregated into categories called “visibleminorities”, “African Canadian”, “Black” or “Asian”, are drawn from various sources as noted, and are not necessarily the preference of the independent expert. II. Legal framework and enforcement mechanisms 10. Canada is a federal State in which legislative and executive powers are divided between federal, provincial and territorial levels of Government. The Constitution of Canada is the supreme law of Canada and the Supreme Court of Canada has stated that the protection of minorities is one of the basic structural principles of the constitutional framework of Canada.2 Human rights are a matter of shared federal, provincial and territorial jurisdiction. 11. Canada has ratified human rights treaties including the International Convention on the Elimination of All Forms of Racial Discrimination. The courts of Canada have held that domestic law is presumed to be in conformity with international obligations and will strive for an interpretation of domestic law that is consistent. Human rights treaties are implemented through constitutional law, human rights legislation that has been enacted in each jurisdiction, and other legislative, policy and programmatic measures. 2 GE.10-11860 See Reference re Secession of Quebec [1998] 2 S.C.R. 217. 5