Education International Barometer of Human & Trade Union Rights in Education
Canada
Canada
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  Pre-primary Primary Secondary Tertiary Spending % of
Canada Total %F %P GER NER Total %F %P GER NER PTR Completion
% Total
Completion
% F
Total %F %P GER NER PTR Total %F %P GER GDP Public
Spending
2009 73264 0
2008 4.77
2007 486874 48.73 458537 71.21 2260819 48.66 2129234 98.43 2657320 48.19 102.21 4.92
2006 485762 48.7 457489 70.46 2305211 48.64 2171041 98.84 2632432 48.47 2479216 101.34
2005 475621 48.72 67.6 2320738 48.63 2184000 98.01 2601926 48.09 2447114 100.71 4.93
2004
2003
2002 511785 48.65 7.55 67.56 67.56 2460943 48.61 6.53 100.19 2709024 48.1 6.18 108.53 1254833 56.4 60.21 5.24
2001 507356 48.62 7.81 65.68 65.68 2456436 48.83 6.48 99.5 99.5 17.42 2621457 48.6 6.38 106.16 17.73 1212161 56.01 58.75 5.17 12.46
2000 511792 48.62 7.95 65.23 65.23 2428620 48.83 6.48 98.36 98.36 17.26 1220651 55.98 59.74 5.65
1999 528582 48.96 5.36 66.54 66.07 2403709 48.76 4.53 97.79 96.98 17.95 48.51 5.89 105.45 94.11 18.77 1192570 55.65 58.87 5.78
Last updated: 11 September 2012

Introduction

Canada is the second largest country in the world, with an area of 9,970,610 km2 spread across six time zones.

Canada is part of the Commonwealth and has a bicameral federal parliamentary government.

The Governor General acts as Head of State and is the representative of Queen Elizabeth II, who is also the Queen and Head of State of Canada. The Governor General is nominated by the Prime Minister and formally appointed by the Queen. Since October 2010 the Governor General has been David Lloyd Johnston.

Governments are elected through free and fair elections held periodically through universal suffrage, presided over by the Prime Minister.

In March 2011, the Canadian opposition parties defeated the government of Prime Minister Stephen Harper (Conservative) in a motion of confidence, leading to the country's fourth election in seven years. The opposition accused the government of failing to reveal the full financial details of the tougher legislation against crime and the tax cuts and of buying fighter planes without informing Parliament. The election took place on 2 May 2011. Prime Minister Stephen Harper was re-elected with a substantial majority (169 seats and 39.6% of the votes), the Liberal Party suffered a heavy defeat (only 34 seats) and the New Democratic Party, which won 102 seats representing 30.6% of the votes, became the leading opposition force.

The legal system is divided between federal and provincial courts, for both civil and criminal matters. The Supreme Court is the final court of appeal. English common law is used, except for in Quebec, where civil law is based on the Napoleonic Code.
Canada's GDP fell by 2.5% in 2009, but grew by 6% in the first quarter of 2010, which is considered to be a sign of recovery from the effects of the global crisis. The rate of unemployment, according to Statistics Canada, fell from 8.5% in 2009 to 7.8% in January 2011. However, a lot of jobs have been lost in the building sector and industry, part-time work has increased significantly and long-term unemployment is also high. Canada's public deficit is 72.3% of its GDP.

Discrimination for reasons of race, gender, national or ethnic origin, age or mental or physical incapacity is prohibited, and these rights are protected by law, by an active civil society and by an independent judiciary.

The civil authorities are in control of the security forces and deal with accusations of abuse and corruption. The police have managed to discover networks using the Internet to distribute child pornography. The right to freedom of expression and freedom of the press are respected.

The Supreme Court has ruled that freedom of expression can be limited when it is a mater of pursuing objectives such as preventing discrimination, guaranteeing social harmony or promoting gender equality. It is considered that preventing expressions of racial hatred and promoting equality are compatible with the relevant clause on freedom of expression in the Charter of Rights and Freedoms. The Broadcasting Act prohibits the broadcasting of programmes which contain any offensive comments exposing individuals or groups to racial hatred or prejudice. Reports indicate that the Moslem community is increasingly concerned about visits by security officers to homes and workplaces. The Supreme Court has established that schools must adjust to the values of religious tolerance and multiculturalism.

Transparency International states that Canadians have perceived a relative increase in corruption, although the country is in sixth place out of 178 countries, with a score of 8.9 on a scale of 0 to 10. Efforts to increase transparency in the government include publication on the Internet of a quarterly report on the expense accounts of senior government officials. The law recognises public access to government information for citizens and others, including foreign media.

The law recognises civil marriage on equal conditions for couples of the same sex. In March 2011, the Canadian Immigration Minister presented a pilot programme to help refugees persecuted for their sexual orientation.

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?Education Rights

Education falls within provincial and territorial responsibility and is free from nursery to Grade 12 and compulsory until the age of 16. Enrolment, books, transport and special services are free, but families have to pay for the materials used by pupils. UNICEF indicates in its report that all children of elementary school age go to school. The cost of enrolment with tertiary education establishments has increased considerably in recent years. Loans and grants can be requested, but there is growing concern about the debt burden of students when they complete their education. Reports indicate the need to obtain more funds for higher education so that the debt burden of students can be reduced and the objective maintained of education being accessible at all levels for pupils fulfilling the requirements, regardless of their ability to pay. A 2006 report on Canadian schools indicates that 32% of schools have advertising in the classroom and that primary schools are the main target. 15% of primary schools and 21% of secondary schools sell services to generate income. For fundraising there are commissions, collections and advertising, whilst funds are also received from companies. These resources are used for study trips, library books, athletics programmes, new technologies, school clubs, academic courses and school material.

Canada's universities and colleges have been actively expanding their operations abroad over the last few years. Campuses abroad and postgraduate courses have fascilitated, along with sales of teaching materials and university franchises, distance or online learning and offers to international students.

EI member organisations in Canada underline the risks involved in this so-called liberalisation of educational services including the weakening of the governments commitment to and investment in public higher education. They also say that education is not merchandise and that the number of teachers working abroad is increasing, mostly as employees on temporary contracts. Campuses and courses abroad are generally less expensive and colleges and universities can take decisions favouring their development over equivalent ones in Canada which cost more. This will speed up the process of making academic employment more precarious, thus lowering the quality of education.
Public financing of Catholic schools is protected by the Constitution in the country's four original provinces.

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?Early Childhood
Education (ECE)

The ECE programme, which lasts two years, begins at the age of four. 49% of pupils enrolled for this programme are girls. 27,209 teachers work at this level, 68% of them women. The pupil/teacher ratio is 18:1. Federal financing was introduced for the anticipated early childhood care and education programme and agreements were signed between various provinces and the federal government, but the Conservative government cancelled this programme in favour of an allowance of 100 Canadian dollars for every child less than six years of age. This allowance is taxable and does not cover childcare costs.

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?Primary Education

Education is compulsory between the age of six and sixteen. The net enrolment rate (NER) is 97%. 142,531 teachers (68% women) work in primary schools. The pupil/teacher ratio is 17:1.

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?Secondary Education,
Vocational Education and Training

Secondary education is from 12 to 18 years of age. The NER is 87%. 6% of secondary education is private. 2% of pupils (3% of boys, 1% of girls) have to repeat grades. There are 69,468 teachers (68% women) in lower secondary and 78,485 (68% women) in upper secondary. The pupil/teacher ratio is 18:1.

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?Tertiary/Higher Education

1,199,845 students (56% women) are enrolled at community facilities and universities. 40,033 foreign students are studying in Canada, mostly from Asia (13,277), the US and Western Europe (13,177), Latin America and the Caribbean (3,636), the Arab States (3,359) and Central and Eastern Europe (1,223). There are 38,847 Canadian students studying abroad, especially in the US (27,017), the UK (3,890), Australia (3,100), France (1,267) and Germany (556).

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?Children with Special Needs

The federal, provincial and territorial governments share the obligation to protect the rights of disabled persons. There is no legal discrimination against disabled persons in employment, education or the provision of other public services.

The sexual exploitation of persons with disabilities in situations of dependence is a criminal offence. The law makes accessibility for disabled persons compulsory. Pupils with special educational needs go to normal State schools, where they are provided with assessment and support and assistance services by the teacher.

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?Refugee Children

The law provides for the granting of asylum or refugee status in accordance with the 1951 UN Convention Relating to the Status of Refugees and its Protocol of 1967. The government has established a system of protection for refugees and collaborates with the Office of the UNHCR. At provincial and territorial level there are psychological and physical recuperation and reintegration services for immigrant children and refugees affected by armed conflict.

An OECD report, Where Immigrant Children Succeed, indicates that immigrant children obtain good results at Canadian schools. The additional resources provided for learning languages and the professional development of teachers contribute towards these good results obtained by immigrant children. The Canadian development agency CIDA has special advisers for children affected by war and has set up a child protection unit to help children in development programmes.

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?Minorities and Indigenous Peoples

The Charter of Rights and Freedoms protects the linguistic and cultural rights of minorities and recognises English and French as the country's two official languages. At provincial level, only New Brunswick is officially bilingual. In Quebec, access to State education in English is limited. Education in French is provided in provinces where this is justified by the numbers. The country recognises three groups of indigenous peoples: First Nations, Inuit and Mt-is.

Canada's image will change considerably over the next few years, particularly in the big cities. According to the projections of Statistics Canada, some two thirds of the Canadian population will belong to one of the visible minorities by 2031, double the number recorded in the last general census.

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?Academic Freedom

Academic freedom is respected in Canada in policies and collective agreements. Disputes can be brought to arbitration. A worrying fact is that research is increasingly dependent on funds from companies and corporations.

The limitations placed on civil liberties as a result of the fight against terrorism are causing growing concern in the field of academic research. The use of or access to the Internet is not subject to any monitoring or limitations.

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?Gender Equality

Women have the same rights as men. But although they have been receiving more training than ever before, women still suffer discrimination in the matter of pay: they earn 71% of the pay of their male colleagues for a full day's work. Women also have more part-time jobs than men, such as in education. Women are still less represented in the best paid jobs and in decision-making positions, despite the progress made. The law prohibits sexual harassment and it is combated in practice.

Violence against women is still a problem. The government's programme against family violence takes up the struggle against systematic violence against women and promotes their human rights.

Canada is a destination for women trafficked for the purpose of sexual exploitation. Although the law prohibits the trafficking of human beings, the country is a point of origin and destination for this traffic. The Criminal Code treats the trafficking of persons as a crime and lays down penalties of up to life imprisonment for traffickers crossing the border. Canada is a country of transit to the United States for men, women and children who are victims of human trafficking for the purpose of sexual and labour exploitation.

One of the decisions of the Harper Administration was to cancel a national childcare programme supported by the majority of Canadians. In its place was offered a so-called Tax for the benefit of the children of Canada, which provides families 100 dollars a month for each child, which is considered insufficient. Particularly affected are women who are head of household in sectors that are economically less favoured

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?Child Labour

The laws on child labour vary from one province to the next. The federal government does not hire minors under 17 years of age during the school year. Most provinces prohibit minors of 15 or 16 from working without parental consent, at night or in dangerous jobs. The province of Alberta has changed its labour regulations to allow minors between 12 and 14 to work in particular sectors for limited periods of time without the permission of the director of employment standards. The province of British Columbia allows minors between 12 and 14 to work with the written consent of their parents or guardians, whilst minors under the age of 12 need the permission of the director of employment standards and this is granted only in exceptional circumstances. Labour inspections ensure that the laws on child labour are observed.

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?Trade Union Rights

Trade union rights are officially guaranteed in the federal legislation, but there are some worrying aspects as regards the provincial laws. Even though the right to form and join trade unions is recognised for working men and women in both the public and the private sector, some categories of workers in various provinces only have limited trade union freedom.

The law also protects collective bargaining, but restrictions have again been identified, varying from one province to another. In 2007, the Supreme Court established that collective bargaining was a limited right according to the country's Charter of Rights and Freedoms.

Moreover, the right to strike is also restricted at provincial level: in Manitoba, arbitration can be imposed at the request of one of the parties after 60 days of a strike, and teachers are prohibited from striking; in Quebec, strikes are not permitted whilst a collective agreement is still in force, whilst workers who disregard the provisions risk severe and disproportionate sanctions. The exercise of this right in the public services is usually limited by the obligation to provide essential services. In British Columbia, education has been designated an essential service, and in Manitoba employers can determine which categories of workers are essential. Finally, it is possible to bring in replacement labour in the industrial sectors governed by the Canadian Labour Code.

There are laws which impose pay changes on employees in the federal civil service: when it presented the national budget on 27 January 2009, the Canadian government announced a series of provisions imposing pay changes on all employees in the federal public service, with the objective of the laws on pay parity in the sector. These provisions are a threat to employees in the federal public sector in general and particularly those working for the Canada Revenue Agency, the National Gallery of Canada, the Canada Council for the Arts, the Canadian Museum of Nature and the National Arts Centre, since they would be subject to a reduction in the pay levels previously negotiated. The government has also announced that it is to introduce these measures in such a way that equal pay forms an integral part of collective bargaining, thus removing the right of trade unions to lodge complaints concerning equal pay. The Public Service Alliance of Canada (PSAC) has brought a case before the Supreme Court of Ontario which includes arguments against the constitutionality of the law on cost controls and the law on equal pay in the public sector.

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Footnotes

Estado de la Poblacion Mundial 2010. "Desde conflictos y crisis hacia la renovacion: generaciones de cambio" UNFPA, Noviembre 2010, www.unfpa.org (Espanol)

Elections aux Canada, 3 Mai 2011, www.radio-canada.ca

Corruption Perceptions Index 2010 Results, Transparency International, www.transparency.org

International Lesbian, Gay, Bisexual, Trans and Intersex Association-ILGA, march 2011, www.ilga.org

Canadian Association of University teachers- CAUT, www.caut.org

Informe Anual sobre las Violaciones a los Derechos Sindicales 2010, ITUC-CSI, www.ituc-csi.org

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Country/Territory name Canada
Population 33900000 (2005)
ILO Conventions ILO 29 (2011)
ILO 87 (1972)
ILO 100 (1972)
ILO 105 (1959)
ILO 111 (1964)
ILO 182 (2000)
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