children
born in and out of wedlock,
with a few exceptions
relating
primarily
to cases where it was difficult
to establish
paternity.
Section
15 of the
Charter
of Rights
and Freedoms did not specifically
refer
to discrimination
on
the grounds of marital
or family status,
and the Supreme Court had not yet had
an opportunity
to pronounce
on the matter.
84. priority
processing abroad of the &pendants of immigrants had been
initiated
and was speeding up the resolution
of cases in which family members
residing in their country of origin were enduring life-threatening
situations
or where minors were allegedly being abused or left unattended.
In the past,
certain indigenous children had been sent to residential
schools outsiae their
communities, where they had been cut off from their families,
culture and
religion.
Currently,
however, there were 280 band-managed schools providing
education to 36 per cent of indigenous students.
Efforts
were under way to
establish additional
agencies designed and managed by indigenous people, which
would provide services to all indigenous children and their families in their
own communities.
85.
The purpose of the recent amendments to-the Divorce Act was to avoid the
application
of undue pressure on a spouse to obtoin the latter’s
agreement to
an unfair divorce settlement in order to conform to the dictates
of a
religion.
Allegations
to the effect
that the Canadian immigration services
had threatened foreign families and civilians
were unfounded.
If such threats
were ever made, corrective
action would be taken, and disciplinary
measures
and civil
liability
would ensue. With reference to article
18 of the
Covenant, some parents had sought court
rulings in cases where necessary
medical attention
had not been administered to a child because of religious
beliefs.
The courts had dealt with those cases by endeavouring to strike a
balance between the right of citieens to freedom of religion
and the need for
the State to protect members of tire community, particularly
those in a
situation
of dependence.
. .
tiaht to !?=%u.wate
in the conductoP
.
8G.
In connection with that issue, members of the Committee wished to know
whether the decision in Q&grne v. The W
applied to public servants in
general or was restricted
to a specific
category of public servant; whether
that case had any bearing on the right of a public servant to stand for
election;
and whether a public servant was required to resign in order to
become a candidate.
Clarification
was also sought as to the compatibility
with the Covenant of the decision in mer
v. Puuice
Gteffu
B$!,
in which the Supreme Court had held that limits might be imposed on the
right of a public servant to speak on public issues in the interest
of
maintaining an impartial
public service.
n7.
In his reply, the representative
pointed out that the absence of
political
partisanship,
provided for in section 33 of the Public Service
Employment Act, was a convention adhered to by all public
servants to ensure
the neutrality
and professionalism
of their work.
Public servants other than
deputy ministers could, however, apply for a leave of absence in order to seek
electoral
office.
In practice,
leave was generally granted and the applicant
allowed to return to public service if his bid for election was unsuccessful.
The Supreme Court was currently
examining
existing
legislation
to determine
whether
it was adequate
under the Canadian Charter and article
25 of the
-21-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents