similar provisions in international human rights documents which Canada
has ratified.^96IX. Progressive Realization with Respect to Economic, Social and
Cultural rights
As a ratifying state, Canada has undertaken and committed to ensuring and promoting
the full realization of all human rights and fundamental freedoms for persons with
disabilities without discrimination of any kind on the basis of disability and to implement
the rights recognized in the CRPD.^97 For example, with respect to Article 28, Canada
has a legal obligation to ensure that people with disabilities have access to social
protection, including poverty reduction programs, assistance with disability related
expenses, public housing, and retirement benefits, as well as a standard of living
adequate to live independently and be included in the community. The obligations
contained in the CRPD are binding on Canada, both as a matter of international law
and to the extent that they have been incorporated by implication into existing domestic
law.
Further, with respect to economic, social and cultural rights, such as those contained in
Article 28, Canada has undertaken to take measures to achieve the full realization of
these rights.^98
Pursuant to Article 4 of the CRPD, Canada has undertaken, to the maximum of its
available resources, to take measures with a view to achieving progressively the full
realization of these economic, social and cultural rights. Article 4 directs that Canada’s
obligation be assessed relative to the available resources and stage of development of
institutions and programs within the State. Some components of the rights laid out in
the CRPD may be realized over time rather than immediately. Future-oriented
obligations arise in the CRPD that provide for fulfilling the right to adequate income
(^96) Slaight Communications Incorporated v Davidson, [1989] 1 SCR 1038 at paras 1056-57, 59 DLR (4th)
416 [ 97 Slaight].
98 Supra note 1, Articles 4.1-4.1(a).^
Ibid, Article 4.2.