To: Hon. Premier Danielle Smith; Hon. Mickey Amery (Minister of Justice), Hon. Searle Turton (Minister of Children & Family Services)
Dear Premier and Ministers:
Re: UN Convention on the Rights of the Child (UNCRC)
We write on behalf of the Alberta Branch of the Canadian Bar Association (CBA Alberta) – Child and Youth Law Sections to enjoin the Government of Alberta to create a detailed Action Plan to effectively implement the many obligations of the state under the UN Convention on the Rights of the Child (UNCRC).
Further, the United Nations Committee on the Rights of the Child (UN Committee), which reviews the progress of all countries in implementing the UNCRC, has provided “Concluding Observations” which, if followed, serve as a road map that could prove transformational in improving the lives of all Alberta children. We urge you to review the Concluding Observations of the UN Committee and use them in creating and tabling a detailed Government Action Plan by the next World Children’s Day, November 20, 2023.
CBA Alberta, a branch of the Canadian Bar Association (CBA), represents over 5,000 lawyers, judges, notaries, law teachers and law students from across the province. With CBA National and all other provincial CBA Branches, CBA Alberta works to promote fair justice systems and facilitate effective law reform, and is devoted to eliminating discrimination.
In June 2022 the UN Committee provided, to all Canadian governments, its Concluding Observations on Canada’s Fifth and Sixth Reports on the implementation of the UNCRC in Canada (attached). These Concluding Observations of the UN Committee were prepared after the Committee carefully examined government reports and evidence submitted by other experts including the CBA and Canadian civil society organizations who work with and advocate for children across the country. The Concluding Observations expressed serious criticisms of the failure of governments to more fully implement the UNCRC, and gave detailed and general recommendations for areas demanding significant improvement, including recommendations that it described as needing urgent measures by Federal, Provincial and Territorial governments.
The UN Committee expressed concerns about the lack of a national strategy in Canada for fully realizing the UNCRC. However, many of the Concluding Observations are matters within provincial jurisdiction. Given the indivisible and interdependent nature of children’s rights under the UNCRC, all government actors whose decisions impact children have a duty to implement and respect the totality of the UNCRC. This includes the Government of Alberta, which is obligated to show leadership in the areas in which it can effect change, and to work in partnership with the federal government and other provinces and territories.
In terms of matters within Alberta’s jurisdiction, the UN Committee recommended that the Province work with the federal government to ensure Indigenous communities in Alberta receive the resources they need to support children’s health and well-being. Other matters specifically under provincial jurisdiction that require attention include ensuring the education, health care, child protection, community services and justice systems support and empower all children, including Black and Indigenous children, children from minority communities, children in care, and children with disabilities. The UN Committee also called on Canadian governments to fully implement the Calls to Action made by the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls. Other general measures recommended by the UN Committee include the implementation of Child Rights Impact Assessments (a process currently implemented in New Brunswick), support for a complaint mechanism under the UNCRC (the Third Optional Protocol), that provincial governments engage in awareness raising and provide mandatory training on the rights of the child under the Convention to all professionals working with and for children, including government officials, judicial authorities and professionals who work with children in health and social services, and improve data collection about the status and needs
of children within the province.
Canadian governments have had since June 2022 to consider the recommendations of the UN Committee. The CBA’s governing Council at its February 2023 meeting passed a resolution asking the federal government to follow the roadmap that these recommendations provide. CBA Alberta and in particular its Child and Youth Law Sections, are extending this invitation to the Alberta government, as a significant duty-bearer under the UNCRC.
CBA Alberta in particular, the Child and Youth Law Sections, would welcome an opportunity to meet with you to discuss how we can help achieve these goals. We look forward to hearing from you soon.
Sincerely,
CANADIAN BAR ASSOCIATION
ALBERTA BRANCH
Amanda Lindberg, President