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Bill S-282

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-282
An Act respecting a national strategy for children and youth in Canada

FIRST READING, November 21, 2023

THE HONOURABLE SENATOR MOODIE

4412333


SUMMARY

This enactment provides for the development of a national strategy to support children and youths in Canada.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023

SENATE OF CANADA

BILL S-282

An Act respecting a national strategy for children and youth in Canada

Preamble

Whereas Canada does not have a clear vision or objectives for the well-being of all children and youths in Canada;

Whereas Canada ratified the United Nations Convention on the Rights of the Child on December 13, 1991, and is obligated to undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the Convention, including — but not limited to — the right of children to a standard of living adequate for their physical, mental, spiritual, moral and social development;

Whereas the Government of Canada has implemented policies and programs that benefit children and youths but has so far failed to meet Canada’s obligations under the Convention;

Whereas Canada has committed to Truth and Reconciliation with First Nations, Inuit and Métis peoples and must respect their sovereignty in matters pertaining to First Nations, Inuit and Métis children and youth;

Whereas Canada has passed the United Nations Declaration on the Rights of Indigenous Peoples Act and has committed to an action plan that includes concrete measures to address injustices, combat prejudice and eliminate all forms of violence, racism and discrimination, against Indigenous youths and children;

Whereas children and youths are especially vulnerable to institutional racism and marginalization due to their race and ethnicity, indigeneity, gender, sexual orientation, disability or immigration status and this negatively impacts their social and economic outcomes;

Whereas children and youths can benefit from cross-jurisdictional collaboration to ensure their health and well-being;

And whereas investing in the well-being and growth of Canada’s children and youth is crucial to securing an equitable and prosperous Canada;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as the National Strategy for Children and Youth Act.

Interpretation

Definitions

2The following definitions apply in this Act.

Indigenous governing body means a council, government or other entity authorized to act on behalf of an Indigenous group, community or people holding rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

Minister means the federal minister designated under section 3. (ministre)

Designation of Minister

Order in council

3The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.

National Strategy for Children and Youth

Development

4(1)The Minister must develop a national strategy for children and youth in Canada.

Content

(2)The strategy must

  • (a)identify the objectives of the Government of Canada in relation to children and youths, which must include

    • (i)the complete elimination of child poverty,

    • (ii)a high and consistent standard of living for children and youths across Canada, and

    • (iii)full compliance with

      • (A)the Convention on the Rights of the Child, adopted in the United Nations General Assembly on November 20, 1989, and ratified by Canada on December 13, 1991,

      • (B)the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, adopted by the United Nations General Assembly on May 25, 2000, and ratified by Canada on July 7, 2000,

      • (C)the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, adopted in the United Nations General Assembly on May 25, 2000, and ratified by Canada on September 14, 2005, and

      • (D)the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the United Nations General Assembly on September 13, 2007, as it relates to children and youth;

  • (b)identify a series of outcomes and quantifiable indicators that align with internationally accepted standards that would, if met, demonstrate that the Government of Canada’s objectives have been met;

  • (c)provide an evidence-based assessment of whether the Government of Canada’s objectives have been met;

  • (d)outline a detailed plan to address unmet objectives, including a description of immediate actions and preventive measures that can be taken in relation to pressing harms faced by children and youth in Canada;

  • (e)identify what resources would be required to implement the strategy; and

  • (f)propose mechanisms that, if implemented as part of the strategy, would allow for

    • (i)public monitoring of the strategy’s implementation,

    • (ii)continued consultation with persons identified in subsection (3) on the strategy’s implementation,

    • (iii)the ability to update the strategy to address emerging needs among children and youths or in other changing circumstances,

    • (iv)the consideration of complaints from children and youths about the strategy’s implementation, and

    • (v)parliamentary oversight over the strategy’s implementation.

Consultations

(3)To develop the strategy, the Minister must consult with

  • (a)children and youths;

  • (b)any ministers with responsibilities that are relevant to the well-being of children and youths in Canada, including the Minister of Health, the Minister of Justice and the Minister of Crown-Indigenous Relations;

  • (c)representatives of provincial and municipal governments, including those with responsibilities relevant to the well-being of children and youth;

  • (d)representatives of Indigenous governing bodies and organizations that serve and represent First Nations, Inuit and Métis children and youth;

  • (e)relevant stakeholders, including representatives from organizations that serve and advocate for children and youths; and

  • (f)anyone else whom the Minister considers appropriate.

Considerations

(4)The Minister must ensure that the children and youths consulted under paragraph (3)‍(a) accurately reflect the diversity of children and youths in Canada and their experiences.

Considerations

(5)In developing the strategy, the Minister must consider

  • (a)Canada’s human rights obligations;

  • (b)Jordan’s Principle, as defined by the Canadian Human Rights Tribunal in First Nations Child and Family Caring Society of Canada and Assembly of First Nations v. Attorney General of Canada (representing the Minister of Indian Affairs and Northern Development Canada);

  • (c)the Inuit Child First Initiative; and

  • (d)any relevant recommendations from the Truth and Reconciliation Commission and the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Reports to Parliament

Progress reports

5Within six months after the day on which this Act receives royal assent, and every six months after that, until the national strategy for children and youth is tabled under subsection 6(1), the Minister must cause a report to be tabled in each House of Parliament that sets out the progress of the development of the strategy and a list of those who have been consulted if their consent has been obtained.

Tabling of strategy

6(1)Within 24 months after the day on which this Act receives royal assent, the Minister must cause to be tabled in each House of Parliament a report setting out the national strategy for children and youth.

Publication

(2)The Minister must publish the report on a Government of Canada website within 10 days after the day on which the report is tabled in both Houses of Parliament.

Review and report

7(1)Within five years of the tabling of the report referred to in section 6, and every five years after that, the Minister must prepare a report that

  • (a)sets out the extent to which the national strategy for children and youth has been implemented;

  • (b)provides an assessment of whether the objectives identified in the strategy have been met; and

  • (c)includes any other conclusions or recommendations about the strategy.

Tabling of report

(2)The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting following the report’s completion.

Published under authority of the Senate of Canada

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