The first week of March 2026, Canada was reviewed under the International Covenant on Civil and Political Rights (ICCPR) by the UN Human Rights Committee. The concluding observations for Canada's review under the Human Rights Committee came out last week.
Securing strong recommendations linked to civil society’s work to advance the full range of human rights for all is an advocacy win. Recommendations represent acknowledgments from global experts about the work Canada still has to do towards fulfilling its obligations under international human rights law. These recommendations become an important advocacy tool to keep Canada accountable and creating the changes we want to see so that all people can live in dignity without discrimination. You can find all the concluding observations here.
Action Canada for Sexual Health and Rights contributed to this process through a shadow report focused on Article 6: the right to life. Our submission emphasized that this right includes positive obligations on the State, meaning Canada must take proactive steps to address conditions that threaten life. This includes systemic issues such as homelessness, poverty, and inadequate access to healthcare. The failure to ensure timely and equitable access to essential health services can constitute a violation of the right to life. These failures disproportionately affect vulnerable populations in Canada, particularly migrants, refugees, and undocumented individuals.
These are our main takeaways from Canada's Human Rights Committee Review.
Key Wins
We welcome several important recommendations from the Committee that reflect our long-standing advocacy priorities.
One major win is the Committee’s recommendation on the implementation of a strong and meaningful national mechanism for implementation, reporting, and follow-up (NMIRF). These mechanisms are essential structures that governments can use to coordinate and engage with international and regional human rights mechanisms.
1. Additionally, NMIRFs help streamline the implementation process and track national follow-up obligations and recommendations arising from these mechanisms.
2. Strengthening its NMIRF would make Canada more effective in reporting to treaty bodies, enforcing domestic and international human rights commitments, and collaborating with CSOs and human rights defenders. Without such reform, the implementation gap will continue to erode Canada’s international credibility and, more importantly, hinder the full realization of human rights for people within the country.
This is something Action Canada has consistently advocated for over the years. The recommendation builds on similar calls made through other UN mechanisms, including the Universal Periodic Review (UPR), CEDAW, and CERD, reinforcing the urgency of establishing a coordinated and effective system across federal, provincial, and territorial levels.
“The State Party should take all necessary steps to implement all concluding observations and Views adopted by the Committee, through appropriate and effective mechanisms at the federal, provincial and territorial levels, […] It should also consider, in coordination with provincial and territorial authorities, establishing a national mechanism to monitor the implementation of the recommendations and Views of the Committee.”
The Committee also issued a clear recommendation regarding Bill C-12, the Strengthening Canada’s Immigration System and Borders Act (2025), expressing concern that it may weaken refugee protection in Canada.
“The State Party should ensure that all persons seeking international protection have unfettered access to the national territory and to fair and efficient procedures, with all necessary procedural safeguards, for the individualized determination of refugee status or other forms of international protection, in full compliance with the principle of non-refoulement. It should also ensure that its legislation, including Bill C- 12 is fully compliant with these requirements, and guarantees access to effective remedies”
We share these concerns. The law raises serious issues, including impacts on migrants’ right to privacy and increased barriers to accessing healthcare for refugees and newcomers. These measures create additional administrative obstacles that may deter individuals from seeking timely care, increasing the risk of preventable illness and harm. This is particularly concerning in light of Canada’s obligations under Articles 6 and 26 of the Covenant.
It is therefore disappointing that, despite receiving this recommendation, Canada has proceeded with enacting Bill C-12 into law. This underscores that the work does not end with the review process, continued advocacy will be essential.
Ongoing Concerns
Toussaint v. Canada: Nell Toussaint's case is a landmark human rights case involving an undocumented migrant denied access to the Interim Federal Health program (IFHP) in Canada, leading to severe health issues. This case challenges the denail of essential healthcare to irregular migrants in Canada. Despite a landmark decision by the UN Human Rights Committee finding that Canada violated her right to life and non-discrimination, the government has refused to implement the Committee's recommendations.
The Committee also raised broader concerns about Canada’s approach to fulfilling its human rights obligations. During the review, it noted Canada’s resistance to adopting “positive measures” to address general conditions in society that threaten the right to life. This reflects a narrower interpretation of obligations, where the State focuses on avoiding violations rather than taking proactive steps to ensure rights are realized.
In particular the Committee raised this concern in the concluding observations, as Canada is still “lacking of a structured system for implementation of its international human rights obligations across its Federal, provincial and territorial jurisdictions. […] Canada is still reluctant to give full effect to all the Committee’s views, including the lack of implementation of Toussaint v. Canada”
Looking ahead
These concluding observations make clear that significant work remains. While the recommendations provide a strong foundation for progress, their impact will depend on effective implementation supported by a well-structured and coordinated human rights framework.
Moving forward, it is essential that the Canadian government take concrete steps to ensure transparency, accountability, and meaningful engagement with civil society in implementing the ICCPR concluding observations. Its domestic actions must align with the human rights commitments it promotes internationally.
Action Canada remains committed to working with partners and government stakeholders to advance these priorities. The review is not the end of the process; it is a critical tool to continue pushing for change and ensuring that these recommendations translate into real improvements in people’s lives.
We are eager to collaborate with partner organisations and the Canadian Government to see these recommendations become a reality.