In Dialogue with Canada, Experts of the Human Rights Committee Welcome the Oversight Mechanism for Business Conduct, Raise Concerns About Proposed Expansion of Surveillance Measures and Violence Against Indigenous Women and Girls
The Human Rights Committee today concluded its consideration of the seventh periodic report of Canada on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts welcoming the State’s oversight mechanism for business conduct, and raising issues concerning proposed expansion to State surveillance measures and violence against indigenous women and girls linked to extraction projects.
A Committee Expert welcomed the creation of the Responsible Business Conduct Strategy and the Canadian Ombudsman for Responsible Business, saying they were important steps forward.
One Committee Expert said the proposed Strong Border Act increased the surveillance powers of the authorities. What were the judicial guarantees surrounding surveillance in the name of national security?
Another Expert expressed concern regarding the sexual exploitation of and violence against indigenous women and girls near mobile camps for extraction projects populated by non-Indigenous men. How did the State protect indigenous women and girls from exploitation and violence?
Sarah Geh, Assistant Deputy Minister, Public Law and Legislative Services, Justice Canada and head of the delegation, presenting the report, said this year marked the fiftieth anniversary of Canada’s accession to the Covenant. Canada viewed constructive dialogue with the Committee as an opportunity to improve the implementation of civil and political rights in Canada.
Regarding surveillance measures, the delegation said Canada was committed to using all appropriate and legal tools to keep communities safe but did not undertake mass surveillance. Intrusive activities such as individual surveillance were subject to judicial authorisation. There was an independent review mechanism that provided oversight regarding the activities of the Canadian Security Intelligence Service.
On gender-based violence, Ms. Geh said that in 2021, the Government released a national action plan addressing the issue of missing and murdered indigenous women, girls, and gender-diverse people. The delegation added that several recent projects had provided funding to organisations working to prevent gender-based violence linked to development projects. An advisory committee was set up to address gender-based violence related to pipeline development.
In her closing remarks, Ms. Geh said that in the dialogue, the State party had presented the progress made by Canada in strengthening the promotion and protection of civil and political rights and considered the challenges that remained. The State party remained committed to openness, collaboration, and upholding its obligations under the Convention.
Changrok Soh, Committee Chairperson, in concluding remarks, said the Committee had noted several positive developments in Canada, including initiatives aimed at preventing gender-based violence and protecting the rights of indigenous peoples. At the same time, the dialogue highlighted several areas where further effort was needed, including the continued violence faced by indigenous women and girls, the absence of a statutory time limit for immigration detention, and concerns related to surveillance measures.
In closing, Mr. Soh paid tribute to the contributions of former Committee Expert and Canadian national Marcia Kran, who recently passed away. He said her dedication to the Covenant and the Committee continued to inspire its work.
The delegation of Canada was made up of representatives of Justice Canada; Canadian Heritage; Global Affairs Canada; Public Safety Canada; Crown-indigenous Relations and Northern Affairs Canada; indigenous Services Canada; Statistics Canada; Province of Québec; Province of Manitoba; Province of Saskatchewan; Territory of Yukon; and the Permanent Mission of Canada to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and forty-fifth session is being held from 2 to 19 March 2026. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. today, Wednesday 4 March to begin its consideration of the fifth periodic report of Slovakia (CCPR/C/SVK/5).
Report
The Committee has before it the seventh periodic report of Canada (CCPR/C/CAN/7).
Presentation of the Report
SARAH GEH, Assistant Deputy Minister, Public Law and Legislative Services, Justice Canada and head of the delegation, said this year marked the fiftieth anniversary of Canada’s accession to the Covenant. Canada remained steadfast in its support of the United Nations human rights system and viewed constructive dialogue with the Committee as an opportunity to continuously improve the implementation of civil and political rights in Canada.
Ms. Geh paid tribute to former Committee Expert and Canadian national Marcia Kran, who recently passed away due to illness. She noted her immense dedication and contributions to human rights and said that her death was a profound loss for the system for which Marcia dedicated her career to strengthen.
Canada’s commitment to civil and political rights was integrated into all areas of jurisdiction. In each jurisdiction, there was a legislature chosen by citizens in free and fair periodic elections, an executive responsible to that parliament, and an independent judiciary. The separation of powers, the rule of law and the independence of the judiciary were fundamental pillars of Canadian democracy. All people in Canada were guaranteed human rights and freedoms under the Canadian Charter of Rights and Freedoms. The State’s Constitution also recognised and affirmed the existing Aboriginal and treaty rights of First Nations, Inuit and Métis in Canada. Within this constitutional framework, the Covenant was implemented by an array of laws, policies and programs adopted by all orders of government.
Canada’s National Mechanism for Implementation, Reporting, and Follow-up on human rights facilitated coordination between federal, provincial and territorial governments on reports, reviews, engagement and follow-up to treaty body recommendations and the Universal Periodic Review. In October 2025 and February 2026, federal, provincial and territorial officials met virtually with civil society, indigenous and human rights commission representatives to hear their views on priority issues for this review. Canada was committed to engaging with the Committee’s concluding observations and its Covenant obligations, working to identify gaps, understand systemic challenges, and inform human rights action across the country.
Canada was committed to upholding indigenous rights and working in full partnership with First Nations, Inuit and Métis to advance shared priorities – from health and housing to economic prosperity and climate action. The State was working directly with indigenous partners to resolve land-related issues through negotiation rather than litigation, and by modernising processes to make them more timely, transparent, and collaborative. It was engaged in rights-based discussions with indigenous groups at over 160 tables to develop solutions that advanced the implementation of indigenous rights and self-determination.
The Truth and Reconciliation Commission, which concluded its work in 2015, was a critical step in confronting harms caused to indigenous children in the residential school system. Several of the Commission’s 94 “Calls to Action” had either been completed or were well underway. This included federal legislation to protect and promote indigenous languages and transfer jurisdiction over child welfare to indigenous peoples, and programmes to provide health, social and education services to indigenous children. Implementing all 94 Calls to Action remained a priority for Canada. In 2021, the Government enacted the United Nations Declaration on the Rights of Indigenous Peoples Act, which imposed obligations on the Government and set out a framework to advance implementation of the Declaration at the federal level. In 2023, the Government released an action plan, developed in consultation with First Nations, Inuit and Métis, that included 181 measures that Canada would take with them to implement the Declaration.
Over the last decade, federal, provincial and territorial governments made progress towards addressing discrimination and strengthening equality rights. Measures included legislation, such as the federal Pay Equity Act to address systemic gender-based discrimination in employers’ compensation practices, and the federal Accessible Canada Act to identify, remove and prevent barriers facing persons with disabilities. Strategies and action plans were launched to support inclusion in programme and policy decisions through consideration of gender, anti-racism, and disability.
In 2022, Canada launched the first National Action Plan to End Gender-Based Violence, a 10-year strategic framework to create a Canada free from gender-based violence. In 2021, the Government released a national action plan addressing the issue of missing and murdered indigenous women, girls, and gender diverse people.
Canada had advanced numerous initiatives to protect public safety while respecting human rights. For example, it recently established three oversight bodies to strengthen the framework of accountability for national security and intelligence agencies and ensure core intelligence functions operated within the bounds of the law. In 2019, Canada abolished administrative segregation and established Structured Intervention Units as a temporary measure for inmates requiring separation from the mainstream population. The Corrections and Conditional Release Act was amended to establish a framework for independent external review of Structured Intervention Unit placements and minimum requirements consistent with the Mandela Rules.
In 2025, the Government released the first-ever Indigenous Justice Strategy, developed in consultation with First Nations, Inuit and Métis. In that same year, the Government also launched a 10-year Implementation Plan to establish Canada’s Black Justice Strategy, prepared in consultation with Black communities. Together, these initiatives aimed to address systemic discrimination across the criminal justice system, and ensure all persons were treated equally before and under the law.
Questions by Committee Experts
A Committee Expert paid tribute to the contributions of former Committee Expert Marica Kran. They said Ms. Kran had represented her country, Canada, with dignity, seeking results and building bridges of understanding. Ms. Kran’s legacy remained in the Committee’s institutions and its memory.
The Expert asked whether the current institutional architecture ensured systematic and effective implementation of Canada's international obligations? Was there a formalised and permanent procedure for the implementation of the Committee's Views, and were clear responsibilities assigned between federal and provincial authorities? Was there a public and systematic follow-up of the measures adopted? What measures were in place to implement the Committee’s Views regarding the case of Toussaint v. Canada, in which the Committee found violations of the Covenant in the context of access to essential health care?
What structural mechanisms ensured that provincial legislation was reviewed in the light of the State party's international obligations? Was there a consolidated national framework for the implementation of treaty body recommendations?
The creation of the Responsible Business Conduct Strategy and the Canadian Ombudsman for Responsible Business were important steps forward. Had Canada considered strengthening the investigative faculties of the Ombudsman? Could concrete examples be provided where this mechanism had led to effective redress? Were there procedural obstacles to accessing redress in courts for victims of human rights violations? Had the State considered adopting mandatory human rights due diligence legislation?
Another Committee Expert asked about measures the State party had taken to promote reconciliation and education on indigenous history and contemporary realities. What steps had been taken to address concerns that destruction of residential school records, planned for 2027, could lead to loss of historical data? How would the State provide reparation for victims not included in the initial settlements? Could the State party provide the number of investigations, prosecutions and convictions related to past abuses in residential schools?
What steps had been taken to implement the recommendations made by the Special Interlocutor for Missing Children and Unmarked Graves in 2024? How did the State party ensure that all decisions about when and how to conduct a search for missing and murdered persons were made by an independent body and in close consultation with relatives and their organizations, and that indigenous peoples could access to support without discrimination for relocation of remains?
How would the State ensure sufficient human and financial resources to implement the Action Plan on implementation of the United Nations Declaration on the Rights of Indigenous Peoples? Did the State party plan to set up an independent mechanism to monitor and enforce implementation? Was collaboration with indigenous peoples mandatory for all laws impacting their rights? Did special economic zones allow governments to bypass environmental and consultation safeguards for pipelines and dams? How did the State party ensure that these did not contradict the spirit and provisions of the Declaration and the Covenant?
Had the State party developed specific regulations to combat online hate speech and hold social media companies accountable for discriminatory user-generated content? What measures had been taken to combat hostile political movements and the increase in racist, discriminatory, homophobic and transphobic discourse? The Committee welcomed the addition of “wilful promotion of antisemitism” to the hate propaganda offences in the Criminal Code. Could the State party respond to concerns that hate crimes against racialised individuals or discrimination based on sex characteristics were not explicitly prohibited under federal law? Which legal or other assistance services were available to victims, and how was the State party addressing the lack of disaggregated data?
The State party had been called on by other treaty bodies to amend the Criminal Code to ensure that intersex children were not subjected to medically unnecessary procedures without their consent. How was the State implementing these recommendations? Was it undertaking investigations into incidents where medical treatment was performed without informed consent? Had the State party adopted legal provisions to provide victims with redress and adequate compensation? How did the State party promote training of medical and psychological professionals on sexual diversity and the negative consequences of unnecessary surgical interventions?
Another Committee Expert welcomed the different measures taken in Canada to combat discrimination within the reporting period, such as the anti-racism strategy (2019-2022), renewed in 2024; the special envoy on preserving Holocaust remembrance and combating antisemitism; the 2022 federal action plan to advance rights and equality for gender-diverse people; the 2022 disability inclusion action plan; and the appointment of the first special representative on combating Islamophobia in 2023.
However, the Committee remained concerned about reported multiple forms of harassment and discrimination on the basis of gender identity and sexuality, including violence, verbal assault, and discrimination in relation to housing and services. Many first Nations communities and persons with disabilities continued to face systemic discrimination in relation to housing, safe drinking water or access to quality education, work, and social services. Further, the Committee was concerned by reports of structural racism in many Canadian institutions. What measures were taken to prevent and combat discrimination and exclusion? Had accountability been determined in the case of Joyce Echaquan, who died on September 28, 2020 in the Centre Hospitalier de Lanaudiere following incidents of abuse and indifference towards her by medical staff?
The Committee remained concerned at the high rate of incarceration of indigenous peoples, including women, in federal and provincial prisons across Canada, as well as the obstacles they faced in recourse to justice. Reports showed the continuous excessive use of force against indigenous people as well as endemic racial profiling by law enforcement officers. What efforts were taken to investigate these incidents, prevent racial profiling by police officers, and address the over-representation of individuals belonging to racial and ethnic minorities in the criminal justice system?
The Committee continued to be concerned about the high prevalence of domestic violence in the State party against women and girls, as well as the insufficiency of shelters and other protective measures for victims of domestic violence, and failures to effectively investigate and punish perpetrators. What measures were taken by the State party to tackle gender-based violence and implement the national action plan for gender-based violence? Could disaggregated data be provided on complaints, investigations, and convictions to gender-based violence during the reporting period, as well as on forms of support provided to victims and the geographical coverage and capacity of shelters?
The Committee was concerned about the high gender wage gap, especially for indigenous and minority women. What measures were in place to address this? How was the State party implementing the Pay Equity Act and the Public Sector Equitable Compensation Act.
One Committee Expert cited reports that Canada had considerably expanded its surveillance for “national security” reasons, for example of people who defended the rights of Palestinians. The proposed Strong Border Act increased the surveillance powers of the authorities, and Bill C-9 criminalised the use of symbols used by an entity on an anti-terrorist list. What were the judicial guarantees surrounding surveillance in the name of counterterrorism, national security or border security? What guarantees were provided to prevent the use of the “terrorist” qualification to silence activists? How were travel ban lists drawn up and how did the State assess “threats to aviation safety”? What remedies were available to contest travel bans?
The Committee noted that since the publication of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, measures to protect against further violence had been lacking and the situation of violence was only getting worse: the homicide rate for indigenous women was now seven to eight times higher than that of non-indigenous women, while in 2016 it was three times higher. What concrete measures were being taken to identify the structural causes of murders and disappearances of indigenous women and girls? Were indigenous control and surveillance mechanisms in place throughout the territory and how did the State plan to measure the effectiveness of these actions?
A Committee Expert called on the State party to comment on concerns that Canada’s support for nuclear deterrence was contrary to its obligations to respect the right to life contained in article six of the Covenant.
Canada had allegedly continued to transfer arms to Israel despite the genocide committed in the Gaza Strip since October 2023 against the Palestinian population, confirmed by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem and Israel. Such transfers of arms constituted a clear violation of the Genocide Convention. Could the delegation comment on this?
Despite the embargo applied by Canada on the transfer of arms to Sudan, Canadian-related military equipment had reportedly been discovered in the conflict zone. Allegedly, one of the countries in the region had sent weapons purchased in Canada to one of the parties to the internal conflict. What measures had the State taken to prevent such transfers?
Responses by the Delegation
The delegation said all orders of government in Canada took their human rights obligations very seriously, including those under the Covenant. Federal authorities encouraged local authorities to collaborate to find appropriate solutions to human rights concerns. The Federal Government could not force provinces and territories to amend their legislation. Canada’s international human rights obligations had been increasingly invoked under the courts, including the Supreme Court of Canada, for example in recent decisions on cruel, inhuman or degrading treatment and mobility rights.
The national mechanism on reporting and follow-up responded to and assessed implementation of the recommendations of treaty bodies. The mechanism held ongoing dialogues with indigenous and First Nations people and civil society organizations, which were able to submit shadow reports. Canada was committed to engaging constructively with the Committee’s individual communications procedure. Canada had accepted the Committee’s recommendations in the majority of cases but disagreed on some. The State posted the Views online and filed follow-up submissions to explain how it was responding to them. Regarding the case of Toussaint v. Canada, Canada had considered the Committee’s finding but did not agree with its reasoning. The State had closed the file on this communication and requested the Committee to do the same.
Canada did not possess, use, control, develop, produce, stockpile, transfer or host nuclear weapons. It worked to halt the spread of nuclear weapons, reduce stockpiles and ultimately eliminate them through active engagement in relevant international and regional bodies.
Canada had one of the strongest arms export control systems in the world and respect for human rights was enshrined in legislation on arms control. Exports were denied if there was a substantial risk that the item could be used to commit or facilitate serious human rights violations. Canada was committed to a comprehensive, just and lasting peace in the Middle East, including a Palestinian State living side by side in peace with Israel. Since 8 January 2024, the Government had not approved any arms exports to Israel that could be used in the current conflict in Gaza. In 2025, it issued two permits for items that would be used for Israel’s “Iron Dome” defence system. It continued to assess export requests on a case-by-case basis.
Canada worked to ensure access to justice for all Canadians through criminal and civil legal aid, State-funded councils, public interest funding and human rights commissions. Individuals could bring discrimination complaints to federal, provincial and territorial human rights commissions, which supported expeditious resolution of complaints. All provinces and territories had legal aid programmes that provided assistance at little or no cost to eligible people with limited financial means. In 2024, the Government had committed an additional 440 million Canadian dollars over five years for criminal legal aid, an increase of 63 per cent from the baseline. It had also increased funding for immigration legal aid by 136 per cent from the baseline.
Canada ensured responsible business conduct through various regulations. Companies seeking trade advocacy needed to sign an integrity declaration. When companies refused to participate in the monitoring scheme, the courts could issue public reports documenting non-cooperation, findings and recommendations.
Some 85 per cent of the Calls to Action in the Truth and Reconciliation Commission had been completed or were well underway. The National Council for Reconciliation had been established in March 2026 as part of these efforts. It was an independent, indigenous-led organisation mandated to advance reconciliation between indigenous and non-indigenous Canadians. It had important monitoring, evaluating and progress to implement the Calls to Action.
Canada denounced those who wrongfully denied the reality of residential schools and the profound harm they inflicted on indigenous peoples. A 2025 bill proposed a new hate propaganda offence in the Criminal Code, which prohibited the wilful promotion of hatred against indigenous peoples by justifying or denying the Indian residential school system in Canada. Canada was providing five million dollars over three years for a programme to combat residential school denialism, and a campaign to inform individuals of their right to all their records related to residential schools to be preserved in the National Centre for Truth and Reconciliation Archive. In several recent court cases, the Government had reached settlements with former scholars who endured abuses at these schools.
The Government had invested 342 million Canadian dollars, in an indigenous-led approach, to supporting communities in identifying, researching and memorialising children who never returned home. The Special Interlocutor’s 2024 report on missing children and unmarked burial sites had 42 recommendations, including a new federal framework to ensure respectful and appropriate treatment of unmarked graves. This work was ongoing.
Under the United Nations Declaration on the Rights of Indigenous Peoples and its enabling Act, the Government was required to ensure that State laws were in line with the Declaration. Work in this regard was ongoing.
Canada had seen a troubling increase in hate speech in recent years. The State had taken numerous steps to address this issue, including protections against hate speech and hate crimes in the Criminal Code, the equality rights guarantee in the Charter of Rights and Freedoms, and the new Combating Hate bill introduced in Parliament in September 2025, which would strengthen hate speech and hate crime provisions and add a definition of hatred. The State party would continue to work with international partners to hold online platforms accountable regarding the harms stemming from their services. Statistics Canada was collecting data on citizens’ perceived sense of safety in public and private spaces.
Criminal law and provincial and territorial health laws established rules governing consent to medical procedures. Failing to follow these rules could result in criminal charges or professional misconduct proceedings. Law reform in this area needed to be informed by a thorough understanding of relevant medical evidence, legal considerations and lived experience. Paediatric Urologists of Canada had released a policy document that highlighted the ethical issues of cosmetic surgeries on children.
Canada’s Black Justice Strategy and the Indigenous Justice Strategy helped respond to the over-representation of Black and indigenous people in prisons and the criminal justice system. These strategies were developed in consultation with communities, governments and civil society organizations. The former Strategy included measures to support Black victims and survivors of crime and develop Black-specific diversion and bail supervision programmes. The State was also funding the Indigenous Justice Programme and the Indigenous Court Work Programme, and had invested in capacity building to implement the Indigenous Justice Strategy. Indigenous justice networks and community justice centres were being set up in provinces, along with “healing lodges” which applied traditional healing practices to support youth struggling with addiction, mental health and housing issues.
The national action plan to end gender-based violence was launched in 2022. This was a 10-year federal and provincial joint framework that included measures for prevention and supporting victims, as well as indigenous-led initiatives. In 2025, the Protecting Victims Act was introduced, which criminalised coercive and controlling behaviour and various forms of femicide. The Government reported on implementation of the national action plan annually and there was an annual gathering of leadership bodies to review progress.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on obstacles in cooperation with the Catholic Church regarding investigations into abuses at residential care homes; how the State party combatted conversion therapies; how persons with disabilities were reached by the campaign regarding preservation of the records of residential homes; measures to implement the recommendations of the Committee on the Rights of Persons with Disabilities regarding expansion of grounds for assisted dying; and how the State party guaranteed that weapons exported to third countries legitimately were not re-exported to conflict zones.
Experts also asked about measures to promote greater representation of minority and indigenous women in governance and private sector positions; legal mechanisms to ensure that the State’s international obligations produced binding effects across the entire territory of Canada; how the State party ensured the availability of effective remedy when persons could not directly invoke the Covenant before national courts; and legal consequences when a Canadian business refused to cooperate with investigations into alleged human rights violations abroad.
Responses by the Delegation
The delegation said Canada continued to call on entities including the Catholic Church to share documents relating to residential schools. There had been a Papal apology issued in regard to this issue in 2022. In 2024, one Catholic organisation involved in the running of various schools signed an agreement on the sharing of records.
In 2020, Québec adopted a law seeking to protect individuals from conversion therapy and had from 2021 deployed an action plan to prevent and counter this practice, under which 18 measures were implemented. Several complaints mechanisms were also in place for lesbian, gay, bisexual, transgender and intersex persons. Yukon had also passed legislation in 2020 that banned conversion therapies, including non-consensual gender identity surgeries. In 2022, Canada implemented its first federal gender-diverse action plan.
Canada was committed to using all appropriate and legal tools to keep communities safe but did not undertake mass surveillance. Intrusive activities such as individual surveillance were subject to judicial authorisation. There was an independent review mechanism that provided oversight regarding the activities of the Canadian Security Intelligence Service.
Canada’s legal framework on assisted dying sought to balance personal autonomy, public protections and the prevention of suicide. The exclusion of people with mental health issues from assisted dying would be removed from March 2027.
All applications for controlled arms exports were reviewed on a case-by-case basis. Canada assessed the risk of diversion of such exports and cooperated with other States to prevent diversion.
Canada sought to establish gender balance in its Cabinet and ministries. Women held ministerial posts, including the posts of Minster of Health, Foreign Affairs, Industry, Crown Relations and Immigration. The percentage of federal deputy positions held by women had increased to 30 per cent as of 2023.
Legal measures on responsible business activities included the Corruption of Foreign Public Officials Act, which criminalised bribery abroad; the Extractive Sector Transparent Measures Act, which required disclosure of taxes and payments; and the Supply Chains Act, which required companies to report on risk mitigation efforts related to trafficking and child labour.
Following the death of Joyce Echaquan, the Québec Government recognised the need to improve the quality and accessibility of health and social services for indigenous peoples. In December 2024, a law was adopted which established a cultural approach within the Social Services and Health Services Network.
The Passenger Protect Programme sought to prevent dangerous individuals from boarding a plane to engage in an act that would threaten transportation security. This was based on a rigorous assessment of the individual’s threat-related activities. Individuals on the no-fly list could file appeals. The list needed to be reviewed every 90 days to determine whether it needed to be revised. The Supreme Court had reviewed the Programme and found it to be constitutional.
The Royal Canadian Mounted Police were committed to providing unbiased policing services to everyone in Canada. There was training on unbiased policing, including mandatory courses on cultural awareness and anti-racism. Work was underway to establish an enhanced, independent review body that would have additional tools to enhance transparency and accountability in the police. Police services were subject to civilian investigations and oversight. A National Independent Officer Review Team was established in 2023 to investigate major incidents such as shootings and deaths in custody. Provincial governments also had mechanisms to provide oversight for provincial police. In Saskatchewan, the public complaints commission reviewed complaints against municipal police and other officers. The commission had five members, at least one of whom needed to be a person of First Nations ancestry.
In 2024, women earned only 87 cents for every dollar earned by men, while indigenous women earned only 76 cents. To address this, the law on equity in the public sector guaranteed equal salary for equal work in the sector, and the law on employment equity required employers to amend pay practices. Women currently held nearly 40 per cent of business management positions, an increase from 2021. They held 31 per cent of seats in the House of Commons, a 10-point rise from 2002, and they held 46 per cent of positions within the judiciary. For the first time ever, women were the majority among Supreme Court judges. The rate of employment of persons with disabilities had also increased over the reporting period, and the most recent census included questions on sexual orientation to inform policies for gender-diverse people.
Questions by Committee Experts
A Committee Expert said the Committee on the Elimination of Discrimination against Women, the Inter-American Court on the Climate Emergency, and the International Court of Justice had issued guidance to Canada on regulating deep seabed exploitation and the production and use of fossil fuels. How would Canada implement these recommendations, adapt its energy policy and achieve a just transition? Canada was home to nearly half of the world’s mining and mineral development companies and 200 Canadian companies were present in 97 States around the world. In recent years, Canadian companies were reportedly involved in extractive activities in Namibia, Botswana, and Bolivia, which harmed the environment and were often accompanied by other human rights violations such as the mistreatment of environmental and land defenders. How was Canada ensuring that its companies did not commit human and environmental rights violations abroad?
The Committee had received particularly worrying information on the high rate of suicide in prisons. In Canadian prisons, there was reportedly excessive use of solitary confinement, a high rate of sexual violence and restraint measures against detainees, and a lack of access to care, including mental health care. Did the State intend to implement a harm reduction policy, decriminalise the use of drugs on the public highway? What measures would the State party take to address the exponential increase in deaths related to opioid use? In 2023, there were more than 13,300 deaths related to drug use, mostly affecting indigenous people, women, people of African descent, homeless people, and persons with disabilities. How was prisoners' access to mental, sexual and reproductive health care ensured, and what measures were taken to identify risk factors for suicide in prison and address them? Did mechanisms for monitoring deaths in custody that complied with the Minnesota Protocol exist throughout the country? Was the State party planning to ratify the Optional Protocol to the Convention against Torture?
At least nine Canadian men and five Canadian children were reportedly still being held in harsh conditions in northeastern Syria, along with two mothers who were not Canadian. What was the status of the repatriation of these persons?
Another Committee Expert asked about reparations granted to the victims of trafficking in persons. Why was there a low number of convictions for trafficking compared to the large number of complaints? Between 2015 and 2022, 3,589 incidents of trafficking in persons were reported to the police and 3,071 charges were filed, only 147 of which resulted in convictions. Had the national strategy against trafficking in persons been renewed and did it have adequate funding? Police were reportedly not thoroughly investigating allegations of child trafficking in many communities in British Columbia. How was the State party dealing with this situation? Had it adopted measures to ensure that victims of trafficking were duly compensated and had expeditious access to the relevant competent bodies?
The Temporary Programme for Foreign Workers did not grant open work visas, but rather temporary visas linked to a single employer. In many cases, workers hired under this programme suffered numerous abuses of their fundamental rights, such as cuts to their wages; excessive working hours; physical, psychological and sexual abuse; racism and discrimination in the workplace; a lack of adequate medical care; and the threat of termination of their visas. Could the delegation comment on these issues?
What were the functions of the Privacy Commissioner of Canada? Did the Commissioner have powers to both receive and investigate complaints alleging violations of the Privacy Act? In June 2025, the Government introduced the Cybersecurity Act bill, which would require designated operators in critical sectors to improve their cybersecurity strategies, quickly report incidents, and comply with new federal standards to strengthen national security. If passed, the bill would authorise the Government to force companies to intercept sensitive internet traffic without judicial authorisation and break critical technical safeguards, such as encryption. Could the delegation comment on the bill?
The Québec Law on Respect for the Secularity of the State established a regulatory framework for the wearing of religious signs by certain public employees in positions of authority. Was this law compatible with the Covenant and other international human rights instruments? Muslim women who wore the hijab had been seriously affected by this law in the field of education, being victims of discrimination and severe social stigmatisation. In 2025, two new bills aiming to strengthen secularism were also presented to the National Assembly of Québec. What was the content of these bills and their compatibility with the Covenant?
Was the State party considering revising Criminal Code articles that punished “defamatory libel”? During 2024, students set up numerous camps in Canadian universities demanding protection for the human rights of Palestinians and the disengagement of Canadian universities from companies related to the genocide in Gaza. Through legal remedies, the administrators of these universities obtained eviction orders from these camps, which were executed by police forces. Had the State party has taken measures to ensure that restrictions or limitations on demonstrations were necessary, proportionate and non-discriminatory? Bill C-9, presented in September 2025, modified the Criminal Code, creating a new crime of “intimidation”, establishing “protest exclusion zones” around certain places, and eliminating the requirement of consent from the Attorney General before initiating a criminal process for hate crimes. Such changes could seriously affect the freedoms of expression and assembly in Canada. Could the delegation comment on this?
One Committee Expert said Canadian law did not set a maximum statutory limit on the length of immigration detention, which could lead to prolonged detention in certain circumstances. Had the State party considered introducing a clear legal limit on the duration of immigration detention? What specific measures were taken to ensure that detention was used only when strictly necessary, proportionate and for the shortest possible period? Could the delegation describe the accommodation conditions of migrants, particularly those held in detention facilities?
The Committee noted directives adopted by the State party to limit the detention of minors and to give priority to the best interests of the child. Could minors still be held in immigration detention? How many children had been detained recently? What measures were in place to prevent the detention of vulnerable persons? The Canada Border Services Agency had broad powers over arrest, detention and removal and the independent oversight mechanism envisaged for this agency was not yet fully operational. When would this mechanism be fully established? How would the State ensure that persons affected by the decisions of migration authorities had effective remedies and redress mechanisms?
Certain recent legislative reforms could restrict effective access to the refugee status determination procedure. How did the State ensure that all persons claiming to need international protection had access to a fair and independent procedure? What procedural safeguards, including access to effective remedies, were provided? How did the State party ensure respect for the principle of non-refoulement? How did the State assess the effects of migration policies? Did it intend to collect and publish disaggregated data to identify and prevent the possible discriminatory effects of the migration system?
A Committee Expert asked about measures taken to reform the underfunded First Nations child and family services programme in line with the Jordan's Principle? What efforts were made to remove barriers to birth registration at the federal and provincial levels? What measures had the State party taken to implement the Calls to Action regarding the removal of indigenous children from their communities and their placement in the residential school system? What were the results of investigations into allegations of abuse, ill treatment and deaths of children in residential care? Had prosecutions and convictions been secured for criminal behaviour, and had damages been provided to the victims, including compensation and psychosocial support? What steps were taken to prevent and combat corporal punishment in all settings, including in the home?
Another Committee Expert cited cases of land disputes, including related to resource development, where the rights of indigenous peoples, in particular their rights to self-determination and to free, prior and informed consent, were reportedly not respected. Such examples included the Line 5 Pipeline that ran through the Bay Mills tribal nation; the Coastal GasLink pipeline and Trans Mountain pipelines; and the radioactive waste disposal project near the Ottawa River. How did the State party guarantee that consultations were not outsourced to companies without proper oversight? What accountability mechanisms were available in cases where the consultation obligation was not respected or people were intimidated? Would the State party consider freezing projects until the free, prior and informed consent of the peoples involved had been obtained?
A very concerning side effect of some extraction projects was the sexual exploitation of and violence against indigenous women and girls near mobile camps populated by non-Indigenous men. How did the State protect indigenous women and girls from exploitation and violence, and how did it ensure close consultation with indigenous women’s organisations?
The Framework Agreement on First Nation Land Management Act allowed First Nations to govern and manage their reserve lands and resources, but this Act did not apply to indigenous territories beyond reserve lands. How did the State party respect and protect indigenous peoples’ rights on other lands? The Quebec Constitution Act of 2025 defined Quebec’s territorial sovereignty in a way that denied indigenous rights to lands, territories, and resources. How did the State party ensure the rights to self-determination of Nations such as the Innu Nation and the Atikamekw Nation were fully respected?
What measures had the State party has taken to eliminate the Indian Act’s discriminatory effects, in particular its privilege of patrilineal descent? The Committee welcomed the adoption by the Senate of amendments to remove the cut off rule from the Act. Was the House of Commons also planning to adopt these amendments? New registrations under the Indian Act faced considerable delays, caused by a huge backlog. How would the State party address this? How did it ensure that the nation-to-nation approach did not exclude certain groups, such as indigenous women’s organizations?
How did the State party ensure that indigenous peoples had access to essential public services in their own language? How did it guarantee that Quebec’s Bill 1, which set French as the sole official and integration language, and Bill 94, which imposed the exclusive use of French for staff in the education system, were compatible with the Covenant? Several indigenous languages were endangered or lost. How did the State party addresses this issue?
Responses by the Delegation
The delegation said climate change represented an existential threat and the Government was firmly committed to climate action and to implementing the Paris Agreement. Government had put in place several initiatives to prevent and mitigate the effects of climate change, including Canada’s National Adaption Strategy from 2023 and the Pan-Canadian Framework on Clean Growth and Climate Change from 2016. The Government aimed to achieve net-zero emissions by 2050. The 2025 budget included a climate competitiveness strategy, which aimed to strengthen industrial competitiveness while driving emission reductions.
Canada had engaged directly with Special Procedures mandate holders regarding issues raised relating to Canadian business activities. The State party expected its companies to conduct business responsibly and in line with the United Nations Guiding Principles on Business and Human Rights. It had several laws supporting responsible business practices and addressing corruption and forced labour.
Harm reduction was a core component of a comprehensive health policy approach, and Canada was expanding access to harm reduction measures for First Nations communities. Overdose deaths remained unacceptably high, but recent data showed some improvement. From July 2024 to June 2025, there had been 6,000 opioid toxicity deaths, a 22 per cent decrease compared to the previous 12 months.
Canada had robust legal protections and domestic mechanisms which conducted regular visits to places of detention. Work was underway to assess the structural, financial and jurisdictional implications associated with ratification of the Optional Protocol to the Convention against Torture. Implementing the Optional Protocol would require broad and careful intergovernmental coordination.
In light of the complex security situation in Syria, the Government had developed guidelines on extraordinary assistance to Canadian citizens who were detained in northeast Syria. Since 2020, Canada had provided such assistance to repatriate 22 Canadian children and eight Canadian women from northeast Syria. Only Canadian men and Canadian children of foreign nationals remained in the region. Canada had offered to repatriate the remaining children multiple times and would continue to operate in accordance with the wishes of their caregivers.
The Government was committed to the renewal of the national strategy to combat human trafficking. In 2025, it conducted a report into implementation of the last iteration of the strategy and had appointed a new Chief Advisor to Combat Human Trafficking.
Canada protected the rights of temporary foreign workers, who had the same workplace protections as Canadians. In 2019, the State party introduced an open work permit for workers who were at risk of abuse from their employer. Immigration and refugee protection regulations were amended in 2022 to protect workers from reprisals by their employers and requiring employers to provide reasonable access to health care services and private health insurance when needed.
The Personal Information Protection Act set out rules for the Government’s collection, protection, and disclosure of personal information. Persons could file complaints with the Office of the Privacy Commissioner when they felt that their privacy rights had been violated. Bill C-8 recognised that steps needed to be taken to protect critical infrastructure against cyber threats. In incorporated guardrails on proposed order-making powers, notifications and reporting obligations. The bill was still being considered in Parliament.
Québec’s 2019 law on secularism formally enshrined the principles on which secularism was based in the state. It established reservations regarding religion when it came to certain civil servants exercising public roles. The Québec Appeals Court had found that its provisions were valid, except for the provision requiring all members of the National Assembly to exercise their role with their faces uncovered. The law intended to ensure that public education places were neutral spaces free from any religious ideology.
The Criminal Code criminalised defamatory libel, aiming to protect an individual’s reputation from wilful and false attack. Some provincial courts had held that the offence of publishing defamatory libel was unconstitutional, but Canada had no plans to repeal the provision.
Universities in Canada were self-governing, which helped to protect their academic freedom. Any laws or Government actions applicable to universities needed to respect the rights in the Charter of Rights and Freedoms, including the rights to freedom of expression and assembly.
In each immigration detention review, the Immigration Review Board needed to consider the circumstances of the case and the suitability of alternatives to detention. The Federal Court, in 2024, called for the establishment of the independent Public Complaints and Review Commission, which would provide an avenue for the public to submit complaints related to this process. The Commission was currently in the regulatory phase. As of September 2025, all provinces had ended immigration detention agreements with the Government. Immigration detainees were held in one of three immigration holding centres operated by the Federal Government. The Government actively sought alternatives to detention. Alternative arrangements for children could be sought, and when detention was considered, the best interests of the child were always a primary consideration. Over the last year, two minors had been detained and 13 had been housed. Of the detained minors, one was detained for less than 24 hours, and of those housed, 12 were allowed to leave within 48 hours.
Individuals who were subject to removal orders could make a claim for refugee protection with the Immigration and Refugee Board. A pre-removal risk assessment was carried out to allow persons to signal that they had protection needs. The State party considered factors such as destination countries’ human rights record and whether it was a party to an agreement with Canada, when assessing the risk of refoulement. Canada collected detailed, disaggregated data on migration outcomes. The best interests of the child were considered in decisions regarding migration status.
The Government had co-developed the 2021 national action plan on missing and murdered women and girls with indigenous governments and organisations. It sought to ensure that indigenous and vulnerable women could live safely and free from violence. From 2024 to 2025, the Support for Families and Healing Project had invested 22.4 million Canadian dollars in projects supporting families dealing with grief and trauma. Two of the 29 Calls for Justice that exclusively called on the Federal Government had been completed and 11 were underway. Of the 186 related to all levels of government, 118 were underway.
The last residential school in Canada closed in 1996. In 2008, a settlement agreement was reached between governments, church parties and survivors; and the Government formally apologised to survivors and their families and compensation was provided to all who attended these schools. The Government continued to fund community-based mental health and wellness support related to residential schools.
The former funding model for Child and Family Services was discriminatory and required change. A historic settlement agreement was reached in 2022 providing over 20 billion dollars in compensation for First Nations children and families who were harmed by the underfunding of these services. The Government was now applying “Jordan’s principle” in its full meaning and scope, recognising the importance of culturally appropriate support. Since 2016, nearly 10 billion dollars had been invested in products, services and support for children. Manitoba had negotiated an agreement with the Peguis First Nations people for the delivery of Child and Family Services, resulting in 99 per cent of children in care from this community now being cared for by immediate or extended family members.
Canada was working with indigenous partners to address outstanding issues related to land use. Modern treaties, which covered 40 per cent of Canada’s land mass, provided indigenous peoples with direct ownership of lands and direct lawmaking power over land development and resource management decisions in their territory. Canada currently had 27 such agreements in place and had recently reached several other agreements related to access to lands. It continued to work towards finding shared solutions through dialogue and negotiation.
The Crown was legally required to ensure that the State’s laws were in line with the United Nations Declaration on the Rights of Indigenous Peoples. It was promoting indigenous ownership and equity partnerships in development projects. If indigenous peoples felt that there had not been adequate compensation or consent, there was recourse for filing complaints through judicial mechanisms. The Government was advancing Calls to Justice related to ensuring safe and secure resource development for indigenous women and girls and Two-Spirit people.
Canada had taken steps to eliminate historic sex-based discrimination in the registration process of the Indian Act in 2018. As a result, more than 75,000 newly entitled individuals had now been registered, and nearly 88 per cent of those applications had been processed. The second generation cut-off rule continued to harmfully erode entitlement over generations. The Senate had amended legislation to remove this cut-off, and the Government was advancing legislation that removed the cut-off in the House of Commons. The State party was working to address the backlog in registration applications.
Over 66 indigenous languages were spoken in Canada, but around three-quarters of them were in danger. In 2019, the State invested over 1.4 billion dollars through to 2029, in protecting and promoting indigenous languages. It had supported over 150 languages learning activities, which achieved encouraging results. The rate of indigenous peoples who learned an indigenous language had increased by seven per cent since 2016. Provincial governments were also introducing measures to promote the learning of indigenous languages in schools.
The Government had issued publications discouraging corporal punishment and advising parents on positive parenting skills. The Public Health Agency supported community programmes on preventing violence and neglect.
Bill C-9, the Combatting Hate Act, was still before Parliament. It would introduce new offences prohibiting conduct which intended to provoke fear and impede persons from accessing religious and cultural places. This bill sought to uphold people’s freedom to protest and express concerns peacefully. The bill would remove the requirement for the Attorney General’s permission for processing hate crimes, to allow the police to move more expeditiously. The Government acknowledged concerns related to this provision and was willing to work with all parliamentarians to address them.
Follow-Up Questions by Committee Experts
One Committee Expert called on the State party to reconsider its position on repatriating Canadian children of foreign parents in northeast Syria.
Committee Experts asked follow-up questions on access to healthcare in prisons and measures to prevent suicide; measures to implement advisory opinions related to revisions to the State’s energy policy; the reasoning for the law that allowed police in Manitoba to hold intoxicated persons in detention for up to 72 hours; whether the State party was considering a maximum legal limit for migratory detention; whether the State party collected disaggregated data on asylum seekers; proposed amendments to the law that regulated civil servants’ rights to disseminate information; and whether the State party would adopt measures to expand protection for whistle-blowers.
Experts also asked about plans to introduce legal amendments to enshrine academic freedom in universities; progress in the representation of indigenous peoples in high-level positions in governance; measures taken to prevent violence against indigenous women and girls by employees of extractive companies; how the State was ensuring access to judicial measures for submitting complaints related to land issues; why Québec’s legislation allowed for only one official language; whether Canada had implemented mechanisms to ensure that no military material exported to the United States would be diverted to be involved in the genocide in Gaza; and whether the bill reforming the Constitution in Québec would give Québec law precedence over federal law.
Responses by the Delegation
The delegation said federal inmates were provided with essential health care services. Registered health care professionals provided care in prisons, and outside healthcare services were provided as required. Accredited psychiatric facilities that provided acute care had been established. There were 53 health centres within 43 federal correctional institutions. Canada’s suicide prevention policy in prisons was focused on effective training and education for correctional staff, screening of at-risk inmates, and mental health services.
Medical professionals had advised that intoxication from certain substances could last for up to 72 hours; this was why Manitoba’s legislation allowed for detention for up to 72 hours. However, persons were released as soon as they were no longer intoxicated, which was usually much shorter than 72 hours.
While the Immigration and Refugee Protection Act did not include a time limit on immigration detention, this was not indefinite detention, meaning detention reviews were provided by the Immigration Review Board. Close to half of all immigration detainees were released within 48 hours.
An external taskforce had been set up to consider reform to the Federal Public Servants Disclosure Protection Act.
The Charter of Rights and Freedom protected the rights of freedom of expression and peaceful assembly. Each province had its own laws granting a high degree of institutional autonomy to universities. However, this autonomy was not absolute, given that financing came from the Government. Québec had in 2022 adopted a law on academic freedom in university settings that defined this as a right for all persons in educational establishments and defined the obligations of establishments to adopt policies on academic freedoms.
Between 2015 and 2025, there had been steady increases in the number of diverse candidates and elected members of Parliament. However, the share of indigenous candidates had slightly decreased between 2021 and 2025.
Several recent projects provided funding to organisations working to prevent gender-based violence linked to development projects. An advisory committee was set up to address gender-based violence related to pipeline development. Indigenous peoples could bring constitutional or legislative challenges and civil actions in court and submit discrimination complaints to human rights commissions and tribunals.
Once goods left Canada, they were subject to the destination country’s export controls. Canada worked with other States to prevent diversion, including through its active membership in multilateral export control regimes. It would take appropriate action should credible evidence be found regarding the circumvention of Canadian export control laws.
Governments and courts in Canada took a cooperative federalist approach to implementing Covenant rights. If there was conflict between provincial and federal laws regarding Covenant obligations, federal laws took precedence. Québec’s bill on reform of its Constitution would ensure that Québec was adequately consulted and could fully participate in negotiations with the Federal Government before being bound by international commitments. Québec viewed itself as being bound by the seven human rights treaties to which Canada was a party.
Closing Statements
SARAH GEH, Assistant Deputy Minister, Public Law and Legislative Services, Justice Canada and head of the delegation, thanked the Committee for the constructive dialogue and civil society and indigenous representatives for their inputs. The State party had presented the progress made by Canada in strengthening the promotion and protection of civil and political rights, and considered the challenges that remained and the concrete steps needed to advance these rights for future generations. Canada looked forward to receiving the Committee’s concluding observations and would give them full and meaningful consideration. The State party was very proud of the progress it had made and recognised that improving the protection of human rights was an ongoing challenge. It remained committed to openness, collaboration, and upholding its obligations under the Convention.
CHANGROK SOH, Committee Chairperson, said that in the dialogue, the Committee had noted a number of positive developments in the implementation of the Covenant, including initiatives aimed at preventing gender-based violence and strengthening support for victims; steps to advance reconciliation and protection of the rights of indigenous peoples, including legislative incorporation of the United Nations Declaration on the Rights of Indigenous Peoples; and measures to improve access to justice through legal aid and support mechanisms. At the same time, the dialogue highlighted several areas where further effort was needed, including continued violence faced by indigenous women and girls, the absence of a statutory time limit for immigration detention, concerns regarding discrimination against persons with disabilities, and concerns related to surveillance measures and the protection of the right to privacy. The Committee hoped that the exchange would assist Canada in further strengthening the protection and realisation of Covenant rights.
In closing, Mr. Soh paid tribute to the contributions of former Committee Expert and Canadian national Marcia Kran, who recently passed away. He said her dedication to the Covenant and the Committee continued to inspire its work.
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