Human rights in Canada have come under increasing public attention and legal protection since
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. Prior to that time, there were few legal protections for
human rights
Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The current legal framework for the protection of human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial. The constitutional foundation of the modern Canadian human rights system is the
Canadian Charter of Rights and Freedoms of 1982, which is part of the Constitution of Canada. Before 1982, there was little direct constitutional protection against government interference with human rights, although provincial and federal laws did provide some protection for human rights enforceable against government and private parties. Today, the Charter guarantees fundamental freedoms (free expression, religion, association and peaceful assembly), democratic rights (such as participation in elections), mobility rights, legal rights, equality rights, and language rights.
Controversial human rights issues in Canada have included
assisted suicide rights,
patient rights
A patient's bill of rights is a list of guarantees for those receiving medical care. It may take the form of a law or a non-binding declaration. Typically a patient's bill of rights guarantees patients information, fair treatment, and autonomy ov ...
,
freedom of expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
,
freedom of religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedom ...
, parents' rights,
children's rights
Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors. ,
abortion rights
Abortion-rights movements, also referred to as pro-choice movements, advocate for the right to have legal access to induced abortion services including elective abortion. They seek to represent and support women who wish to terminate their pre ...
vs
fetal rights
Fetal rights are the moral rights or legal rights of the human fetus under natural and civil law. The term ''fetal rights'' came into wide usage after ''Roe v. Wade'', the 1973 landmark case that legalized abortion in the United States. The conce ...
,
minority rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.
Civil-rights movements ofte ...
, majority rights,
rights of the disabled,
aboriginal rights
Indigenous rights are those rights that exist in recognition of the specific condition of the Indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the Indigenous land rights, rights ...
,
tenant rights
Tenant may refer to:
Real estate
*Tenant, the holder of a leasehold estate in real estate
*Tenant-in-chief, in feudal land law
*Tenement (law), the holder of a legal interest in real estate
*Tenant farmer
*Anchor tenant, one of the larger stores ...
and economic, social and political rights.
History
Colonial period
The first legal protection for human rights in Canada related to religious freedom. The ''Articles of Capitulation'' of the town of Quebec, negotiated between the French and British military commanders after the fall of Quebec in 1759, provided a guarantee of "the free exercise of the Roman religion" until the possession of Canada was determined by the British and French governments. A similar guarantee was included in the ''Articles of Capitulation'' of Montreal the next year. The two guarantees were formally confirmed by Britain in the ''
Treaty of Paris, 1763'', and then given statutory protection in the ''
Quebec Act, 1774''.
The result was that the British subjects in Quebec had greater guarantees of religious liberty at that time than did the Roman Catholic inhabitants of Great Britain and Ireland, who would not receive similar guarantees until
Catholic emancipation
Catholic emancipation or Catholic relief was a process in the kingdoms of Great Britain and Ireland, and later the combined United Kingdom in the late 18th century and early 19th century, that involved reducing and removing many of the restricti ...
in 1829.
Nearly a century later, the
Province of Canada
The Province of Canada (or the United Province of Canada or the United Canadas) was a British North America, British colony in North America from 1841 to 1867. Its formation reflected recommendations made by John Lambton, 1st Earl of Durham ...
passed similar legislation, ending the
establishment
Establishment may refer to:
* The Establishment, a dominant group or elite that controls a polity or an organization
* The Establishment (club), a 1960s club in London, England
* The Establishment (Pakistan), political terminology for the military ...
of the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
in the province, and recognizing instead the principle of "legal equality among all religious denominations". The Act provided that the "free exercise and enjoyment of religious profession and worship" was protected by the Constitution and laws of the Province.
Confederation and onwards
Constitutional framework
In 1867,
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
was created by the ''
British North America Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'' (now named the ''Constitution Act, 1867''). In keeping with British constitutional traditions, the Act did not include an entrenched list of rights, other than specific rights relating to language use in legislatures and courts, and provisions protecting the right of certain religious minorities to establish their own separate and denominational schools.
Canadian law instead followed the British constitutional approach in which the (unenumerated) "
Rights of Englishmen
The "rights of Englishmen" are the traditional rights of English subjects and later English-speaking subjects of the British Crown. In the 18th century, some of the colonists who objected to British rule in the thirteen British North American ...
" had traditionally been defended by all the branches of the government (Parliament, the courts, and the Crown) collectively and sometimes in competition with each other. However, 20th century political and legal thought also emphasized the importance of
freedom of contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on pri ...
and property rights as important aspects of liberty and the rule of law. This approach meant that what are now viewed as human rights concerns, based on personal circumstances, would be considered of lesser importance than contractual and property rights.
Human rights issues in the first seventy years of Canadian history thus tended to be raised in the framework of the constitutional
division of powers
Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
between the federal and provincial governments. A person who was affected by a provincial law could challenge that law in the courts, arguing that it intruded on a matter reserved for the federal government. Alternatively, a person who was affected by federal law could challenge it in court, arguing that it intruded on a matter reserved for the provinces. In either case, the focus was primarily on the constitutional authority of the federal and provincial governments, not on the rights of the individual.
The division of powers is also the reason that the term "civil rights" is not used in Canada in the same way as it is used in other countries, such as the United States. One of the main areas of provincial jurisdiction is "Property and civil rights",
which is a broad phrase used to encompass all of what is normally termed the
civil law, such as contracts, property, torts/delicts, family law, wills, estates and successions and so on. This use of the phrase dates back to the ''Quebec Act, 1774''.
[ Given the broad, established meaning of "civil rights" in Canadian constitutional law, it has not been used in the more specific meaning of personal equality rights. Instead, the terms "human rights" / "droits de la personne" are used.
]
Early cases
= ''Union Colliery Co. v. Bryden'' (1899)
=
In ''Union Colliery Co of British Columbia v Bryden
''Union Colliery Co of British Columbia v Bryden'' is a Canadian constitutional decision of the Judicial Committee of the Privy Council where the exclusivity principle in Canadian federalism and pith and substance analysis was first articulated.
...
'' a shareholder of Union Colliery Co. accused the company of violating the ''Coal Mines Regulation Act''. That law had been passed by the provincial Legislature of British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
and prohibited the hiring of people of Chinese origin, using an ethnic slur
The following is a list of ethnic slurs or ethnophaulisms or ethnic epithets that are, or have been, used as insinuations or allegations about members of a given ethnicity or racial group or to refer to them in a derogatory, pejorative, or oth ...
in the legislation. The company successfully challenged the constitutionality of the Act on the grounds that it dealt with a matter of exclusive federal jurisdiction, namely "Naturalization and Aliens". In reaching this conclusion, the Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...
, at that time the highest court for the British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts esta ...
, found that evidence which had been led at trial about the reliability and compentence of the Chinese employees of the colliery was irrelevant to the constitutional issue. The personal circumstances and ability of those employees did not relate to the issue of federal and provincial jurisdiction.
= ''Cunningham v Homma'' (1902)
=
The decision in ''Union Colliery'' did not establish any general principle of equality based on race or ethnicity. In each case, the issue of race or ethnicity was simply one fact the courts took into account in determining if a matter was within federal or provincial jurisdiction. For example, just three years later, in the case of Cunningham v Homma
''Cunningham v Homma'', is a decision of the Judicial Committee of the Privy Council that upheld a British Columbia law that prohibited Japanese Canadians and Chinese Canadians from voting.
The case originated with an attempt by Tomekichi Homma, ...
, a provincial law prohibiting people of Chinese, Japanese or Indian descent from voting in provincial elections was held to be constitutional. The Judicial Committee rejected a challenge to the provincial law brought by a naturalized Japanese-Canadian, Tomekichi Homma
Tomekichi "Tomey" Homma (1865–1945) was a Canadian who was one of the first Japanese settlers of Steveston, which is now part of Richmond, British Columbia. He fought for the right to vote for Japanese-Canadians in provincial elections.
Early ...
, who had been denied the right to vote in British Columbia provincial elections. The Judicial Committee held that control of the franchise
Franchise may refer to:
Business and law
* Franchising, a business method that involves licensing of trademarks and methods of doing business to franchisees
* Franchise, a privilege to operate a type of business such as a cable television p ...
in provincial elections came within the province's exclusive jurisdiction to legislate with respect to the constitution of the province. Again, the personal circumstances of the individual, in this case whether naturalised or native-born, were not relevant to the issue of the constitutional authority of the province. There was no inherent right to vote.
= ''Quong Wing v R'' (1914)
=
Similarly, in the case of ''Quong Wing v R
''Quong Wing v R'' is a famous Supreme Court of Canada decision where the Court upheld a provincial law that discriminated against the Chinese.
Quong Wing was a naturalized Canadian citizen, originally from China, who ran a restaurant in Moose J ...
'', the Supreme Court upheld a Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
law which prohibited businesses owned by anyone of Japanese, Chinese or other East Asian background from hiring any "white woman or girl" to work in the business. The Court, by a 4–1 majority, found that the province had jurisdiction over businesses and employment, or alternatively that the law in question was in relation to local public morality, another area of provincial jurisdiction. The judges in the majority acknowledged that the law had an effect on some Canadians based on their race or ethnic origins, but that was not sufficient to take the case outside of provincial jurisdiction. The dissenting judge, Justice Idington, was the only one who would have struck down the statute, but as in the other cases, he based his conclusion on the division of powers, not on the rights of the individual. He would have held that the provincial Act limited the statutory rights granted by the federal ''Naturalization Act'', and was therefore beyond provincial jurisdiction.
= ''Christie v York Corporation'' (1940)
=
Canadian courts also upheld discrimination in public places based on freedom of contract and property rights. For example, in '' Christie v York Corporation'', the plaintiff, a black man, was denied service at a bar at the Montreal Forum
Montreal Forum (french: Le Forum de Montréal) is a historic building located facing Cabot Square in Montreal, Quebec, Canada. Called "the most storied building in hockey history" by ''Sporting News'', it was an indoor arena which served as the h ...
. He sued for damages, arguing that the tavern was under a duty to provide services to all members of the public. The case reached the Supreme Court, which held by a 4-1 majority that the owner of the business had complete freedom of commerce and could refuse service to whomever it wished, on whatever grounds it wished. The lone dissenter, Justice Davis, would have held that the Quebec statute regulating liquor sales to the public required restaurants to provide their service to all customers, without discrimination.
= ''The King v Desmond'' (1946)
=
Viola Desmond
Viola Irene Desmond (July 6, 1914 – February 7, 1965) was a Canadian civil and women's rights activist and businesswoman of Black Nova Scotian descent. In 1946, she challenged racial segregation at a cinema in New Glasgow, Nova Scotia by refu ...
, a black Nova Scotian
Black Nova Scotians (also known as African Nova Scotians and Afro-Nova Scotians) are Black Canadians whose ancestors primarily date back to the Colonial United States as slaves or freemen, later arriving in Nova Scotia, Canada, during the 18th ...
, went to see a movie in a theatre in New Glasgow
New Glasgow is a town in Pictou County, in the province of Nova Scotia, Canada. It is situated on the banks of the East River of Pictou, which flows into Pictou Harbour, a sub-basin of the Northumberland Strait.
The town's population was 9,075 ...
, Nova Scotia. The owner of the theatre would only allow white people to sit on the main floor. Non-whites had to sit in the gallery. Desmond, who was from out of town, did not know of the policy. She bought a ticket for the movie and went onto the main floor. When the theatre employees told her to go to the gallery, she refused. The police were called and she was forcibly removed. Desmond spent a night in jail and was fined $20, on the basis that by sitting on the main floor when her ticket was for the gallery, she had deprived the provincial government of the additional tax for the main floor ticket: one cent. She sought to challenge her treatment, by an application for judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
of the tax ruling. The court dismissed the challenge on the basis that the tax statute was neutral with respect to race. The judge suggested in his decision that the outcome might have been different if she had instead appealed the conviction, on the basis that the law was being used improperly by the theatre owner to enforce a "Jim Crow
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
" type of segregation.
In 2018, the Bank of Canada
The Bank of Canada (BoC; french: Banque du Canada) is a Crown corporation and Canada's central bank. Chartered in 1934 under the ''Bank of Canada Act'', it is responsible for formulating Canada's monetary policy,OECD. OECD Economic Surveys: Ca ...
announced that Viola Desmond would be the person shown on the new ten-dollar note.
= ''Noble v Alley'' (1955)
=
'' Noble v. Alley'' was a challenge to a restrictive covenant
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a se ...
for the sale of land at a cottage resort. The owner of the land had bought it with a requirement from an earlier owner that the land not be sold to Jewish or non-white people. The owner wished to sell it to an individual who was Jewish. The owner challenged the restrictive covenant, over the opposition of other residents in the cottage resort. The Supreme Court held that the covenant was not enforceable on the basis that it was too vague, and that restrictive covenants on land had to be related to land use, not the personal characteristics of the owner.
Implied Bill of Rights
In 1938 there was a development in judicial protection of rights. The government of the province of Alberta
Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
had passed a series of laws to implement its social credit
Social credit is a distributive philosophy of political economy developed by C. H. Douglas. Douglas attributed economic downturns to discrepancies between the cost of goods and the compensation of the workers who made them. To combat what he ...
platform, and had come under heavy media criticism. In response, the Legislature enacted the ''Accurate News and Information Act
The ''Accurate News and Information Act'' (complete title: ''An Act to Ensure the Publication of Accurate News and Information'') was a statute passed by the Legislative Assembly of Alberta, Canada, in 1937, at the instigation of William Aberhar ...
'', which would give the government the power to direct media's coverage of the government. The federal government referred several of the Alberta bills to the Supreme Court for a reference opinion. Three of the six members of the Court found that public comment on the government, and freedom of the press, are so important to a democracy that there is an implied bill of rights
The Implied Bill of Rights () is a judicial theory in Canadian jurisprudence that recognizes that certain basic principles are underlying the Constitution of Canada.
The concept of an implied bill of rights develops out of Canadian federalism. ...
in Canada's Constitution, to protect those values. The Court suggested that only the federal Parliament could have the power to impinge on political rights protected by the implied bill of rights. The ''Accurate News and Information Act'' was therefore unconstitutional. The Supreme Court has not, however, used the "implied bill of rights" in very many subsequent cases.
''Saskatchewan Bill of Rights'' (1947)
The events leading up to World War II, and the genocidal practices of the Nazi government of Germany, had a major effect on the protection of human rights in Canada. Tommy Douglas
Thomas Clement Douglas (20 October 1904 – 24 February 1986) was a Scottish-born Canadian politician who served as seventh premier of Saskatchewan from 1944 to 1961 and Leader of the New Democratic Party from 1961 to 1971. A Baptist min ...
, at that time a Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
from Saskatchewan, was in Europe in 1936 and witnessed the Nuremberg Rally
The Nuremberg Rallies (officially ', meaning ''Reich Party Congress'') refer to a series of celebratory events coordinated by the Nazi Party in Germany. The first rally held took place in 1923. This rally was not particularly large or impactful; ...
of that year, which had a significant effect on him. When he was elected Premier of Saskatchewan, one of his first goals was to entrench human rights in Canada's constitution. At the 1945 Dominion-Provincial Conference he proposed adding a bill of rights to the ''British North America Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 186 ...
'', but was not able to gain support for the proposal. Instead, in 1947, the Government of Saskatchewan introduced the Saskatchewan Bill of Rights
The ''Saskatchewan Bill of Rights'' is a statute of the Canadian Province of Saskatchewan, first enacted by the provincial Legislature in 1947. It was the first bill of rights enacted in the Commonwealth of Nations since the original ''Bill o ...
, the first bill of rights in the Commonwealth since the English Bill of Rights of 1689
The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
.[''The Saskatchewan Bill of Rights Act, 1947'', SS 1947, c. 35.]
The ''Saskatchewan Bill of Rights'' provided significant protections for fundamental freedoms:
* right to freedom of conscience and religion (s. 3);
* right to free expression (s. 4);
* right to peaceable assembly and association (s. 5);
* right to freedom from arbitrary imprisonment and right to immediate judicial determination of a detention (s. 6);
* right to vote in provincial elections (s. 7).
''Canadian Bill of Rights'' (1960)
John Diefenbaker
John George Diefenbaker ( ; September 18, 1895 – August 16, 1979) was the 13th prime minister of Canada, serving from 1957 to 1963. He was the only Progressive Conservative party leader between 1930 and 1979 to lead the party to an electio ...
, also from Saskatchewan, was another early proponent of protecting human rights in Canada. He wrote a first draft of a bill of rights as a young lawyer in the 1920s. Elected a Member of Parliament in 1940, he regularly introduced a motion each year from 1946 onwards, calling for Parliament to enact a bill of rights at the federal level. He was concerned that there be a guarantee of equality for all Canadians, not just those who had English or French heritage. He also wanted protection for basic freedoms, such as freedom of expression.
In 1960, by then the Prime Minister of Canada, Diefenbaker introduced the ''Canadian Bill of Rights
The ''Canadian Bill of Rights'' (french: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in rel ...
''. This federal statute provide guarantees, binding on the federal government, to protect freedom of speech, freedom of religion, equality rights, the right to life, liberty and security of the person, and property rights. It also sets out significant protections for individuals charged with criminal offences.
The ''Canadian Bill of Rights'' suffered from two drawbacks. First, as a statute of the federal Parliament, it was only binding on the federal government. The federal parliament does not have the constitutional authority to enact laws which bind the provincial governments in relation to human rights. Second, and following from the statutory nature of the Bill, the courts were reluctant to use the provisions of the Bill as the basis for judicial review of federal statutes. Under the doctrine of parliamentary supremacy
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all ...
, the courts were concerned that one Parliament cannot bind future Parliaments.
In two significant cases, the Supreme Court rejected attempts to use the Bill of Rights to review legislation. In ''Bliss v. Canada ''Bliss v Canada (AG)'' 979
Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place Byzantine Empire
* March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...
1 S.C.R. 183 is a famous Supreme Court of Canada decision on equality rights for women under the ''Canadian Bill of Rights''. The Court held that women were not entitled to benefits denied to them by the ''Unemployment ...
'', the Court rejected a gender-based challenge to unemployment benefits which did not apply to pregnant women, while in '' Attorney General of Canada v. Lavell'', the Court rejected a challenge based on gender and indigenous status to provisions of the ''Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
''. A notable exception was ''R. v. Drybones ''R v Drybones'', 970S.C.R. 282, is a landmark 6-3 Supreme Court of Canada decision holding that the '' Canadian Bill of Rights'' "empowered the courts to strike down federal legislation which offended its dictates." Accordingly, the Supreme Court ...
'', which did use the Bill of Rights to overturn a different provision of the ''Indian Act''.
Human Rights Acts
The other provinces began to follow Saskatchewan's lead and enacted human rights laws: Ontario (1962), Nova Scotia (1963), Alberta (1966), New Brunswick (1967), Prince Edward Island (1968), Newfoundland (1969), British Columbia (1969), Manitoba (1970) and Quebec (1975). In 1977, the federal government enacted the ''Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
''.
Significant historical cases
In addition to these particular court cases, there were also general cases which arose in Canada, prior to the enactment of human rights legislation.
Komagata Maru incident
The Komagata Maru incident occurred 1914 when a group of Indians, all British subjects
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...
, arrived in Vancouver
Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
with the intention of settling in Canada. They were denied entry because of their race. One of the Sikh passengers, Jagat Singh Thind, was the youngest brother of Bhagat Singh Thind
Bhagat Singh Thind (October 3, 1892 – September 15, 1967) was an Indian American writer and lecturer on spirituality who served in the United States Army during World War I and was involved in a Supreme Court case over the right of India ...
, an Indian-American Sikh writer and lecturer on "spiritual science" who was involved in an important legal battle over the rights of Indians to obtain U.S. citizenship (''United States v. Bhagat Singh Thind
''United States v. Bhagat Singh Thind'', 261 U.S. 204 (1923), was a case in which the Supreme Court of the United States decided that Bhagat Singh Thind, an Indian Sikh man who identified himself as an Aryan, was ineligible for naturalized citi ...
'').
World War I treatment of Ukrainian Canadians
The Ukrainian Canadian internment was part of the confinement of "enemy aliens" in Canada during and for two years after the end of the First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
, lasting from 1914 to 1920, under the terms of the ''War Measures Act
The ''War Measures Act'' (french: Loi sur les mesures de guerre; 5 George V, Chap. 2) was a statute of the Parliament of Canada that provided for the declaration of war, invasion, or insurrection, and the types of emergency measures that could t ...
''. About 4,000 Ukrainian men and some women and children of Austro-Hungarian citizenship were kept in twenty-four internment
Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simpl ...
camps and related work sites – also known, at the time, as concentration camps. Many were released in 1916 to help with the mounting labour shortage.
Chinese head tax and Chinese Immigration Act of 1923
The Chinese head tax was a fixed fee charged to each Chinese
Chinese can refer to:
* Something related to China
* Chinese people, people of Chinese nationality, citizenship, and/or ethnicity
**''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation
** List of ethnic groups in China, people of va ...
person entering Canada. The head tax was first levied after the Canadian parliament
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
passed the Chinese Immigration Act of 1885
The ''Chinese Immigration Act, 1885'' was a Canadian Act of Parliament that placed a head tax of $50 () on all Chinese immigrants entering Canada. It was based on the recommendations published in the Royal Commission on Chinese Immigration in 1 ...
and was meant to discourage Chinese people from entering Canada after the completion of the Canadian Pacific Railway
The Canadian Pacific Railway (french: Chemin de fer Canadien Pacifique) , also known simply as CPR or Canadian Pacific and formerly as CP Rail (1968–1996), is a Canadian Class I railway incorporated in 1881. The railway is owned by Canadi ...
. The tax was abolished by the Chinese Immigration Act of 1923
The Chinese Immigration Act, 1923, known today as the Chinese Exclusion Act (the duration of which has been dubbed the Exclusion Era), was an act passed by the government of Liberal Prime Minister William Lyon Mackenzie King, banning most forms o ...
, which stopped Chinese immigration altogether, except for business people, clergy, educators, students, and other categories.[James Morton. " In the Sea of Sterile Mountains: The Chinese in British Columbia". Vancouver, BC: J. J. Douglas, 1974.]
World War II treatment of Japanese Canadians
Japanese Canadian internment refers to confinement of Japanese Canadians
are Canadian citizens of Japanese ancestry. Japanese Canadians are mostly concentrated in Western Canada, especially in the province of British Columbia, which hosts the largest Japanese community in the country with the majority of them living ...
in British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
during World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. The internment began in December 1941, after the attack by carrier-borne forces of Imperial Japan
The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent forma ...
on American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
naval and army facilities at Pearl Harbor
Pearl Harbor is an American lagoon harbor on the island of Oahu, Hawaii, west of Honolulu. It was often visited by the Naval fleet of the United States, before it was acquired from the Hawaiian Kingdom by the U.S. with the signing of the Re ...
. The Canadian federal government gave the internment order based on speculation of sabotage and espionage, although the RCMP and defence department lacked proof.[Maryka Omatsu, Bittersweet Passage and the Japanese Canadian Experience (Toronto: Between the Lines, 1992), 12.] Many interned children were brought up in these camps, including David Suzuki
David Takayoshi Suzuki (born March 24, 1936) is a Canadian academic, science broadcaster, and environmental activist. Suzuki earned a PhD in zoology from the University of Chicago in 1961, and was a professor in the genetics department at th ...
, Joy Kogawa
Joy Nozomi Kogawa (born June 6, 1935) is a Canadian poet and novelist of Japanese descent.
Life
Kogawa was born Joy Nozomi Nakayama on June 6, 1935, in Vancouver, British Columbia, to first-generation Japanese Canadians Lois Yao Nakayama a ...
, and Roy Miki
Roy Akira Miki, (born 10 October 1942) is a Canadian poet, scholar, editor, and activist most known for his social and literary work.
Born in Ste. Agathe, Manitoba to second generation Japanese-Canadian parents, Miki grew up on a sugar beet farm ...
. The Canadian government promised the Japanese Canadians that their property and finances would be returned upon release; however, these assets were sold off cheaply at auctions.["Jap Expropriation Hearing May Last 3 Years, Is Estimate," Globe and Mail (Toronto: January 12, 1948)]
Cold War forced relocation
In the early 1950s and in the context of the Cold War
The Cold War is a term commonly used to refer to a period of geopolitical tension between the United States and the Soviet Union and their respective allies, the Western Bloc and the Eastern Bloc. The term '' cold war'' is used because the ...
, the federal government forcibly relocated 87 Inuit
Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territories ...
citizens to the High Arctic
The Arctic ( or ) is a polar regions of Earth, polar region located at the northernmost part of Earth. The Arctic consists of the Arctic Ocean, adjacent seas, and parts of Canada (Yukon, Northwest Territories, Nunavut), Danish Realm (Greenla ...
as human symbols of Canada's assertion of ownership of the region. The Inuit were told that they would be returned home to Northern Quebec Northern Quebec (french: le nord du Québec) is a geographic term denoting the northerly, more remote and less populated parts of the Canadian province of Quebec.Alexandre Robaey"Charity group works with Indigenous communities to feed Northern Quebe ...
after a year if they wished, but this offer was later withdrawn as it would damage Canada's claims to the High Arctic; they were forced to stay. In 1993, after extensive hearings, the Royal Commission on Aboriginal Peoples
The Royal Commission on Aboriginal Peoples (RCAP) was a Canadian royal commission established in 1991 with the aim of investigating the relationship between Indigenous peoples in Canada, the Government of Canada, and Canadian society as a whole. ...
issued ''The High Arctic Relocation: A Report on the 1953–55 Relocation''. The government paid compensation but has not apologised.
Residential schools
The Indian residential schools of Canada were a network of "residential" (boarding) schools for Aboriginal peoples of Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them ...
(First Nations
First Nations or first peoples may refer to:
* Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area.
Indigenous groups
*First Nations is commonly used to describe some Indigenous groups including:
**First Natio ...
, Métis
The Métis ( ; Canadian ) are Indigenous peoples who inhabit Canada's three Prairie Provinces, as well as parts of British Columbia, the Northwest Territories, and the Northern United States. They have a shared history and culture which derives ...
, and Inuit
Inuit (; iu, ᐃᓄᐃᑦ 'the people', singular: Inuk, , dual: Inuuk, ) are a group of culturally similar indigenous peoples inhabiting the Arctic and subarctic regions of Greenland, Labrador, Quebec, Nunavut, the Northwest Territories ...
) funded by the Canadian government's Department of Indian Affairs
Department may refer to:
* Departmentalization, division of a larger organization into parts with specific responsibility
Government and military
*Department (administrative division), a geographical and administrative division within a country, ...
, and administered by Christian churches
In ecclesiology, the Christian Church is what different Christian denominations conceive of as being the true body of Christians or the original institution established by Jesus. "Christian Church" has also been used in academia as a synonym for ...
, most notably the Catholic Church in Canada
french: Église catholique au Canada
, native_name_lang = fr
, image = Basilique-Cathédrale Notre-Dame Québec.JPG
, imagewidth = 200px
, alt =
, caption = Cathedral-Basilica of Notre-Da ...
and the Anglican Church of Canada
The Anglican Church of Canada (ACC or ACoC) is the Ecclesiastical province#Anglican Communion, province of the Anglican Communion in Canada. The official French-language name is ''l'Église anglicane du Canada''. In 2017, the Anglican Church co ...
. The system had origins in pre-Confederation times, but was primarily active following the passage of the ''Indian Act
The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
'' in 1876, until the mid-twentieth century. The last residential school was not closed until 1997.
Contemporary human rights issues
Modern international view of indigenous rights
On April 29, 2022, the United Nations Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
sent a letter that criticized Canada over its ill-treatment of Indigenous people who opposed the construction of two pipelines in British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
. The letter called on Canada to "immediately cease forced evictions" of indigenous protesters by police and halt construction on the two pipelines until it obtains consent from the affected indigenous communities. The letter alleges that authorities intimidated and pushed indigenous people off their lands by using surveillance and force.
Current legal framework
Domestic legal protection framework
Human rights in Canada are now given legal protections by the dual mechanisms of constitutional entitlements and statutory human rights codes, both federal and provincial
The ''Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'' is part of the Constitution of Canada
The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
. The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion. It only applies to governments, and not to private individuals, businesses or other organizations. Charter rights are enforced by legal actions in the criminal and civil courts, depending on the context in which a Charter claim arises.
There are two main pieces of human rights legislation which apply at the federal level: the ''Charter'' and the statutory ''Canadian Human Rights Act
The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
''. The ''Canadian Human Rights Act'' protects people in Canada from discrimination when they are employed by or receive services from the federal government, or private companies that are regulated by the federal government. The Act applies throughout Canada, but only to federally regulated enterprises. Approximately 15% of workplaces are covered by the ''Canadian Human Rights Act''.
At the provincial level, human rights are protected by the Charter and by provincial human rights legislation. The Charter applies to provincial governments and agencies, and also local governments created by provincial law, such as municipalities and school boards. Provincial human rights laws also apply to governments, and also to workplaces under provincial jurisdiction. It is estimated that 85% of workplaces are covered by provincial human rights laws.
Although there is variation among the matters covered by federal, provincial and territorial, they all generally provide anti-discrimination protections concerning employment practices, housing, and the provision of goods and services generally available to the public.[Gallagher-Louisy, Cathy and Jiwon Chun. "Overview of Human Rights Codes by Province and Territory in Canada." Canadian Centre for Diversity and Inclusion. January 2018.] The laws prohibit discrimination on enumerated personal characteristics, such as race, sex, religion or sexual orientation.
Claims under the human rights laws are of a civil nature. They are typically investigated by a human rights commission under the applicable human rights law and are adjudicated either by a human rights tribunal or by the court of first instance. The tribunal or court generally has broad remedial powers.
Effect of international treaties
Canada is a founding member of the UN, and in addition to the Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
, Canada has ratified seven principal UN human rights conventions and covenants:
* (accession by Canada in 1970)
* International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
(accession by Canada in 1976)
* International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
(ratified by Canada in 1976)
* Convention on the Elimination of All Forms of Discrimination against Women (ratified by Canada in 1981)
* (ratified by Canada in 1987)
* Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The Con ...
(ratified by Canada in 1991)
* Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, ...
(ratified by Canada in 2010)
The Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
has noted the important role played by international human rights law in the country and the influence that treaties can have on the interpretation of domestic legislation and the Charter.[Eid, Elisabeth. "Interaction between international and domestic human rights law: A Canadian perspective." International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, BC, Canada, 2001, pp. 2–3.] International customary laws are generally considered to be automatically part of Canadian law so long as they do not conflict with existing Canadian legislation, as established in '' R v Hape (2007).'' Canada follows a dualist approach with respect to the domestic effect of international treaties. The dualist system means that in order for the treaty obligations to be given the force of law domestically, the treaty must be incorporated into domestic legislation. In Canada, international human rights treaties are, in general, not directly incorporated into domestic law but, rather, are implemented through a variety of laws, policies and programs at the federal, provincial and territorial level.
Equality
Race
Section 15 of the ''Canadian Charter of Rights and Freedoms'' guarantees that “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race.”[''Charter of Rights and Freedoms,'' s 15, Part 1 of the ''Constitution Act'', 1982, being Schedule B to the ''Canada Act 1982'' (UK), 1982, c 11.]
Canada has enacted comprehensive legislation prohibiting discrimination on the basis of race, colour, and national or ethnic origin in the federally regulated provision of goods and services, and employment practices in the ''Canadian Human Rights Act''.[''Canadian Human Rights Act'', RSC 1985, c H-6, s 3(1).] Furthermore, all Canadian provinces and territories have legislation prohibiting discrimination on the basis of race, colour, and national or ethnic origin in employment practices, housing, the provision of goods and services, and in accommodation or facilities customarily available to the public. Beginning in the 1970s, Canada launched a series of affirmative action programs aimed at increasing representation of racial minorities. Today, the ''Employment Equity Act Employment equity, as defined in federal Canadian law by the ''Employment Equity Act'' (french: Loi sur l’équité en matière d’emploi), requires federal jurisdiction employers to engage in proactive employment practices to increase the represe ...
'', requires private and public sector employers under federal jurisdiction to increase representation of visible minorities
A visible minority () is defined by the Government of Canada as "persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour". The term is used primarily as a demographic category by Statistics Canada, in connect ...
and indigenous persons.[''Employment Equity Act'', SC 1995, c 44, s 2.]
Throughout Canadian history, there has been a pattern of systemic racial discrimination, particularly towards indigenous persons, but to other groups as well, including African,[Working Group of Experts on People of African Descent, ''Report of the Working Group of Experts on People of African Descent on its mission to Canada'', UNHRC, 36th Sess, UN DOC A/HRC/36/60/Add.1 (16 August 2017) at 2-3.] Chinese, Japanese, South Asian, Jewish, and Muslim Canadians. These patterns of discrimination persist today. The UN Human Rights Council's Working Group of Experts on People of African Descent issued a report in 2017 finding "clear evidence that racial profiling is endemic in the strategies and practices used by law enforcement" in Canada. In 2018 Statistics Canada reported that members of immigrant and visible minority populations, compared with their Canadian-born and non-visible minority counterparts, were significantly more likely to report experiencing some form of discrimination on the basis of their ethnicity or culture, and race or skin colour.
Gender
Within the Canadian Context, human rights protections for women consist of constitutional entitlements and federal and provincial statutory protections. Section 28
Section 28 or Clause 28While going through Parliament, the amendment was constantly relabelled with a variety of clause numbers as other amendments were added to or deleted from the Bill, but by the final version of the Bill, which received R ...
of the ''Canadian Charter of Rights and Freedoms'' guarantees that all “the rights and freedoms referred to in it are guaranteed equally to male and female persons.” Section 28 is not a right in of itself, as it does not state that men and women are equal; this is done by Section 15. Instead, Section 28 ensures that men and women have equal claim to rights listed in the charter.
Canada has enacted comprehensive legislation prohibiting discrimination on the basis of sex in the federally regulated provision of goods and services, and employment practices in the ''Canadian Human Rights Act.'' Furthermore, all Canadian provinces and territories have legislation prohibiting discrimination on the basis of sex in employment practices, housing, the provision of goods and services, and in accommodation or facilities customarily available to the public. Beginning in the 1960s, Canada launched a series of affirmative action programs aimed at increasing representation of women. Today, the ''Employment Equity Act Employment equity, as defined in federal Canadian law by the ''Employment Equity Act'' (french: Loi sur l’équité en matière d’emploi), requires federal jurisdiction employers to engage in proactive employment practices to increase the represe ...
'', requires private and public sector employers under federal jurisdiction to increase representation of women; one of the four designated groups protected by the act.
According to the Global Gender Gap Index
The Global Gender Gap Report is an index (statistics), index designed to Measures of gender equality, measure gender equality. It was first published in 2006 by the World Economic Forum.
It "assesses countries on how well they are dividing their ...
, an annual report published by the World Economic Forum
The World Economic Forum (WEF) is an international non-governmental and lobbying organisation based in Cologny, canton of Geneva, Switzerland. It was founded on 24 January 1971 by German engineer and economist Klaus Schwab. The foundation, ...
, which rates the gender gap between women and men in health, education, economy and politics to gauge the state of gender equality in a country, Canada ranked 16 out of 149 countries in 2018. A 2015 UN Human Rights report raised concerns about “the persisting inequalities between women and men” in Canada, including the “high level of the pay gap” and its disproportionate effect on low-income women, racialized women, and Indigenous women. A 2017 study by Statistics Canada
Statistics Canada (StatCan; french: Statistique Canada), formed in 1971, is the agency of the Government of Canada commissioned with producing statistics to help better understand Canada, its population, resources, economy, society, and cultur ...
found that Canadian women earn $0.87 for every dollar earned by men, largely as a result of wage inequality between women and men within occupations.
Disability
The rights of disabled persons in Canada are protected under the ''Canadian Charter of Rights and Freedoms'' in Section 15, which explicitly prohibits discrimination on the basis of mental or physical disability. Canada ratified the UN ''Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, ...
'' in 2010.
Canada has adopted comprehensive anti-discrimination and accommodation legislation for people with disabilities. The ''Canadian Human Rights Act'' prohibits discrimination of disabled persons in the federally regulated provision of goods and services and employment practices. Furthermore, all Canadian provinces and territories have legislation prohibiting discrimination on the basis of disability in employment practices, housing, the provision of goods and services, and in accommodation or facilities customarily available to the public.
Several programs and services are also subject to specific legislation requiring inclusive approaches. For example, ''Canada Elections Act
The ''Canada Elections Act'' (french: Loi électorale du Canada; full title: ''An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts'', full ...
'' requires that polling stations be accessible (e.g., providing material in multiple formats, open and closed caption videotapes for voters who are hearing impaired, a voting template for people with visual disabilities, and many other services). Notable ad hoc legislation with disability provisions include section 6 of the ''Canada Evidence Act
The ''Canada Evidence Act'' (french: Loi sur la preuve au Canada) is an act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by comm ...
,'' which regulates evidence-gathering involving persons with mental and physical disabilities, and the ''Employment Equity Act'', which requires private and public sector employers under federal jurisdiction to increase representation of persons with disabilities.
Federal benefits include the Canada disability savings bond, and the Canada disability savings grant which are deposited into the Registered Disability Savings Plan (RDSP) of low-income families, as established by the Disability Savings Act. Disabled persons may also be eligible for the Disability Tax Credit, and the families of children with disabilities are eligible for the Canada Child Disability Benefit, a tax-free monthly payment. There are also several provincial and territorial programs focused on income, housing, and employment supports for persons living with disabilities.
LGBT
The Supreme Court of Canada established in '' Egan v. Canada (1995),'' that sexual orientation was “a deeply personal characteristic that is either unchangeable or changeable only at unacceptable personal costs,” and therefore was one of the analogous grounds to the explicitly mentioned groups in Section 15 of the ''Canadian Charter of Rights and Freedoms''. As the explicitly named grounds do not exhaust the scope of Section 15, this reasoning has been extended to protect gender identity and status as a transgender person in ''CF v. Alberta (2014)''; however, it has not been formally recognized as an analogous ground.
Canada has enacted comprehensive legislation prohibiting discrimination on the basis of sexual orientation and gender identity or expression. In 1996, the ''Canadian Human Rights Act'' was amended to include sexual orientation as a protected ground, and gender identity or expression were incorporated as additional protected grounds through '''' in 2017. As of 2018, all Canadian provinces and territories have legislation prohibiting discrimination on the basis of sexual orientation and gender identity or expression in employment practices, housing, the provision of goods and services, and in accommodation or facilities customarily available to the public.
The Canadian federal government created the LGBTQ2 Secretariat in 2016 to support the integration of LGBTQ2 considerations into the everyday work of the Government of Canada. On November 28, 2017, Prime Minister Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 20 ...
delivered a formal apology in the House of Commons to individuals harmed by federal legislation, policies and practices that led to the discrimination of LGBTQ2 people in Canada, and introduced Bill C-66, ''the Expungement of Historically Unjust Convictions Act,'' which received royal assent in June 2018. The legislation was created to destroy records of consensual sexual activity between same-sex partners of legal age.
Language and culture
The perceived failure of Canada to establish the equality of the French and English languages was one of the main reasons for the rise of the Quebec secessionist movement, during the Quiet Revolution
The Quiet Revolution (french: Révolution tranquille) was a period of intense socio-political and socio-cultural change in French Canada which started in Quebec after the election of 1960, characterized by the effective secularization of govern ...
. Consequently, the federal government began officially adopting multicultural and bilingual policies in the 1970s and 1980s.
The ''Constitution Act of 1982'' established French and English as Canada's two official languages. Guarantees for the equal status of the two official languages are provided in Sections 16–23 of the ''Canadian Charter of Rights and Freedoms''. Section 16
Section, Sectioning or Sectioned may refer to:
Arts, entertainment and media
* Section (music), a complete, but not independent, musical idea
* Section (typography), a subdivision, especially of a chapter, in books and documents
** Section sign ...
guarantees that French and English “have equality of status and equal rights and privileges.” These sections of the Charter provide a constitutional guarantee for the equal status of both languages in Parliament, in all federal government institutions, and federal courts.
Multiculturalism
The term multiculturalism has a range of meanings within the contexts of sociology, political philosophy, and colloquial use. In sociology and in everyday usage, it is a synonym for "Pluralism (political theory), ethnic pluralism", with the tw ...
is reflected in Canadian law through the ''Canadian Multiculturalism Act of 1988'' and Section 27 of the Canadian Charter of Rights and Freedoms, which states that “This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians.” The ''Canadian Multiculturalism Act'' affirms that the Canadian government recognizes the multicultural heritage of Canada, the rights of indigenous persons, minority cultural rights, and the right to social equality within society and under the law regardless of race, colour, ancestry, national or ethnic origin, creed or religion.
Bill 101 in Quebec
Bill 101 in Quebec is the common name for a statute passed by the National Assembly of Quebec in 1977, the Charter of the French Language
The ''Charter of the French Language'' (french: link=no, La charte de la langue française), also known in English as Bill 101, Law 101 (''french: link=no, Loi 101''), or Quebec French Preference Law, is a law in the province of Quebec in Canada ...
. The law was enacted to propagate the French language and restrict the use of English. For example, the current law specifies that commercial outdoor signs can be multilingual so long as French is markedly predominant. In 1993, the United Nations Human Rights Committee ruled that Quebec's sign laws broke an international covenant on civil and political rights. "A State may choose one or more official languages," the committee wrote, "but it may not exclude, outside the spheres of public life, the freedom to express oneself in a language of one's choice."
Fundamental Freedoms
Section 2 of the ''Canadian Charter of Rights and Freedoms'' guarantees four "fundamental freedoms."
Freedom of conscience and religion
Freedom of conscience and religion is protected by Section 2(a) of the ''Canadian Charter of Rights and Freedoms''. Religious freedom is further protected by Section 15 of the Charter, which promotes the pursuance of equality and the freedom from discrimination under enumerated or analogous grounds; one of which is religion.
In a 1985 Supreme Court case, '' R. v. Big M Drug Mart Ltd.,'' Chief Justice Brian Dickson
Robert George Brian Dickson (May 25, 1916 – October 17, 1998) was a Canadian lawyer, military officer and judge. He was appointed a puisne justice of the Supreme Court of Canada on March 26, 1973, and subsequently appointed the 15th Chief Jus ...
said that religious freedom in Canada includes freedom of religious speech, including "the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination."
Concerns with regards to religious freedom remain, in respect to, discriminatory public funding of religious education in some provinces, public interest limitations of religious freedom, state religious neutrality and religious dress, and conflicts between anti-discrimination law and religiously motivated discrimination.
Three provinces, Alberta, Ontario, and Saskatchewan, are constitutionally required to operate separate and publicly funded schools. On November 5, 1999, the UN Human Rights Committee
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
condemned Canada and Ontario for having violated the equality provisions of the International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
. The Committee restated its concerns on November 2, 2005, observing that Canada had failed to "adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario."
Freedom of expression
Freedom of expression is protected by Section 2(b) of the ''Canadian Charter of Rights and Freedoms,'' which guarantees “Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.” Freedom of speech and expression has constitutional protection in Canada but is not absolute. Section 1 of the Charter allows limitations on this freedom if it can be “justified in a free and democratic society.” The Charter protection works to ensure that all such limits are reasonable and strictly necessary. The approach by the Supreme Court on free expression has been that in deciding whether a restriction on freedom of expression is justified, the harms done by the particular form of expression must be weighed against the harm that would be done by the restriction itself.
In Canada, legal limitations on freedom of expression include:
* Sedition, fraud, specific threats of violence, and disclosure of classified information
* Civil offences involving libel, defamation, fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
, or workplace harassment
Workplace harassment is the belittling or threatening behavior directed at an individual worker or a group of workers.
Recently, matters of workplace harassment have gained interest among practitioners and researchers as it is becoming one of the ...
* Violations of copyright laws
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, education ...
* Criminal offences involving hate speech and genocide advocacy
* Municipal by-laws that regulate signage or where protests may take place
Some limitations remain controversial due to concerns that they infringe on freedom of expression.
Freedom of peaceful assembly
Freedom of peaceful assembly is protected by Section 2(c) of the ''Canadian Charter of Rights and Freedoms'' guarantees to all Canadians freedom of peaceful assembly. In 1987, the Supreme Court found in ''Reference Re Public Service Employee Relations Act (Alta) ''Reference Re Public Service Employee Relations Act (Alta)'', 9871 S.C.R. 313 is a leading opinion of the Supreme Court of Canada on right to freedom of association under section 2(d) of the ''Canadian Charter of Rights and Freedoms''. The Court ...
,'' that despite being written as a separate right, Section 2(c) was closely related to freedom of expression.
Recent controversies involving concerns about freedom of assembly in Canada include the eviction of Occupy Canada's protests from public parks in 2011, the possible effects of Bill C-51 on freedom of assembly, and ongoing CSIS surveillance of environmental and indigenous activists.
Freedom of association
Freedom of association is protected by Section 2(d) of the ''Canadian Charter of Rights and Freedoms.'' This section provides Canadians the right to establish, belong to and maintain to any sort of organization unless that organization is otherwise illegal. This right only protects the right of individuals to form associations and not the activities of the associations themselves.
Generally, this charter right is used in the labour context where employees are given the right to associate with certain unions or other similar groups to represent their interests in labour disputes or negotiations. The Supreme Court also found in ''R. v. Advance Cutting & Coring Ltd. (2001),'' that the right to freedom of association also includes, at least to some degree, the freedom not to associate, but still upheld a law requiring all persons working in the province's construction industry to join a designated union.
Assessments
Comparisons of provincial and territorial legislation
In January 2018, the Canadian Centre for Diversity and Inclusion
The Canadian Centre for Diversity and Inclusion (french: Centre canadien pour la diversité et l'inclusion) is a national charitable organization with the mandate to help the individuals and organizations they work with be inclusive, and free of ...
released a report comparing provincial legislation regarding human rights. Every province includes slightly different "prohibited grounds" for discrimination, covers different areas of society (e.g. employment, tenancy, etc.), and applies the law slightly differently. For example, in Nunavut
Nunavut ( , ; iu, ᓄᓇᕗᑦ , ; ) is the largest and northernmost Provinces and territories of Canada#Territories, territory of Canada. It was separated officially from the Northwest Territories on April 1, 1999, via the ''Nunavut Act'' ...
, the ''Nunavut Human Rights Act'' directs the Nunavut Human Rights Tribunal to interpret the law so as not to conflict with the ''Nunavut Land Claims Agreement
The Nunavut Land Claim Agreement (french: L'Accord sur les revendications territoriales du Nunavut) was signed on May 25, 1993, in Iqaluit, by representatives of the Tunngavik Federation of Nunavut (now Nunavut Tunngavik Incorporated), the Governm ...
'' and to respect the principles of Inuit Qaujimajatuqangit
Inuit Qaujimajatuqangit ( /inuit qaujimajatuqaŋit/, Inuktitut syllabics: ᐃᓄᐃᑦ ᖃᐅᔨᒪᔭᑐᖃᖏᑦ; sometimes Inuit Qaujimanituqangit - ᐃᓄᐃᑦ ᖃᐅᔨᒪᓂᑐᖃᖏᑦ) is an Inuktitut phrase that is often translated as ...
, described as "Inuit beliefs, laws, principles and values along with traditional knowledge, skills and attitudes." Nunavut is unique in Canada tying its humans rights code to an indigenous rather than a European-derived philosophical foundation.
International assessments
According to Freedom in the World
''Freedom in the World'' is a yearly survey and report by the U.S.-based non-governmental organization Freedom House that measures the degree of civil liberties and political rights in every nation and significant related and disputed territo ...
, an annual report by US-based think-tank Freedom House
Freedom House is a non-profit, majority U.S. government funded organization in Washington, D.C., that conducts research and advocacy on democracy, political freedom, and human rights. Freedom House was founded in October 1941, and Wendell Wil ...
, which rates political rights and civil liberties, in 2019 Canada was ranked "Free" (the highest possible rating), together with 86 other countries, and as the 4th freest out of 195 countries.
According to the Democracy Index
The ''Democracy Index'' is an index compiled by the Economist Intelligence Unit (EIU), the research division of the Economist Group, a UK-based private company which publishes the weekly newspaper ''The Economist''. Akin to a Human Development I ...
, an annual index published by the U.K.-based Economist Intelligence Unit
The Economist Intelligence Unit (EIU) is the research and analysis division of the Economist Group, providing forecasting and advisory services through research and analysis, such as monthly country reports, five-year country economic forecasts, ...
, that measures pluralism, civil liberties, and the state of democracy, in 2018 Canada was ranked 6th out of 167 countries and received a score of 9.15 out of 10.00.
According to the annual Worldwide Press Freedom Index
The Press Freedom Index is an annual ranking of countries compiled and published by Reporters Without Borders since 2002 based upon the organisation's own assessment of the countries' press freedom records in the previous year. It intends to re ...
published by Reporters Without Borders
Reporters Without Borders (RWB; french: Reporters sans frontières; RSF) is an international non-profit and non-governmental organization with the stated aim of safeguarding the right to freedom of information. It describes its advocacy as found ...
, Canada ranked 18th out of 180 countries in 2018, and has a declining score due to police surveillance of journalists, recent court rulings compelling journalists to hand over communications with their sources, and criminal and civil charges against some journalists for coverage of protests.
According to the annual Corruption Perceptions Index
The Corruption Perceptions Index (CPI) is an index which ranks countries "by their perceived levels of public sector corruption, as determined by expert assessments and opinion surveys." The CPI generally defines corruption as an "abuse of entru ...
, which was published by Transparency International
Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
, Canada was ranked 9th out of 180 countries from the top least corrupt.[“Corruption Perceptions Index 2018 Shows Anti-Corruption Efforts Stalled in Most Countries.” ''Www.transparency.org'', Transparency International, 29 Jan. 2019, www.transparency.org/news/pressrelease/corruption_perceptions_index_2018.]
See also
*List of endangered languages in Canada
An endangered language is a language that is at risk of falling out of use, generally because it has few surviving speakers. If it loses all of its native speakers, it becomes an extinct language. UNESCO defines four levels of language endangerme ...
* Women's rights in Canada
The history of feminism in Canada has been a gradual struggle aimed at establishing equal rights. The history of Canadian feminism, like modern Western feminism in other countries, has been divided by scholars into four "waves", each describing a ...
* LGBT rights in Canada
Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity was made lawful in Canada on June 27, 1969, when the ''Criminal Law Amendment Act, 1968–69'' (also known as ...
* Section Fifteen of the Canadian Charter of Rights and Freedoms
Section 15 of the ''Canadian Charter of Rights and Freedoms'' contains guaranteed equality rights. As part of the Constitution of Canada, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the excep ...
* History of free speech in Canada
* Freedom of religion in Canada
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Legal framework
Constitutional rights
The "Fundamental Freedoms" section of the ...
* Multiculturalism in Canada
Multiculturalism in Canada was officially adopted by the Government of Canada, government during the 1970s and 1980s. The Canadian federal government has been described as the instigator of multiculturalism as an ideology because of its public emph ...
* Project MKUltra
Project MKUltra (or MK-Ultra) was an illegal human experimentation program designed and undertaken by the U.S. Central Intelligence Agency (CIA), intended to develop procedures and identify drugs that could be used in interrogations to weak ...
and the Montreal experiments The Montreal experiments were a series of experiments, initially aimed to treat schizophrenia by changing memories and erasing the patients' thoughts using Donald Ewen Cameron's method of “psychic driving”, as well as drug-induced sleep, intens ...
Further reading
Among the leading works on human rights in Canada, which have added great complexity to the issue by exploring twentieth-century paradigms, are Christopher MacLennan, ''Toward the Charter: Canadians and the Demand for a National Bill of Rights'' (Montreal/Kingston: McGill-Queen's University Press, 2003); Ross Lambertson, ''Repression and Resistance: Canadian Human Rights Activists, 1930–1960'' (Toronto: University of Toronto Press, 2005); and Dominique Clément, ''Canada's Rights Revolution: Social Movements and Social Change, 1937–82'' (Vancouver: University of British Columbia Press, 2008).
On the quest for anti-discrimination legislation in Ontario, see Ruth Frager and Carmela Patrias, This Is Our Country, These Are Our Rights': Minorities and the Origins of Ontario's Human Rights Campaign," ''Canadian Historical Review'', vol. 82, no. 1 (March 2001), 1–35.
On the situation in Montreal and Toronto, including the Catholic aspect and Cold War discourse, see Patrick Lacroix, "Immigration, Minority Rights, and Catholic Policy-Making in Post-War Canada", ''Histoire sociale/Social History'', vol. 47, no. 93 (May 2014), 183–203. The situation in Quebec may best be explored through the events of the Quiet Revolution
The Quiet Revolution (french: Révolution tranquille) was a period of intense socio-political and socio-cultural change in French Canada which started in Quebec after the election of 1960, characterized by the effective secularization of govern ...
.
For yet further information, see Dominique Clément
Dominique Clément is a Professor of Sociology at the University of Alberta and a member of the Royal Society of Canada's College of New Scholars, Artists and Scientists. He is a Canadian historical sociologist who specializes in human rights and ...
an
Canada's Human Rights History
References
{{DEFAULTSORT:Human Rights In Canada
History of human rights in Canada