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Human rights in Canada have come under increasing public attention and legal protection since World War II. Inspired by Canada's involvement in the creation of the Universal Declaration of Human Rights in 1948, the current legal framework for human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial.

The Supreme Court of Canada first recognized an implied bill of rights in 1938 in the decision Reference Re Alberta Statutes. However, prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Canadian Charter of Rights and Freedoms in 1982 (part of the Constitution of Canada), the laws of Canada did not provide much in the way of civil rights and was typically of limited concern to the courts. The protections which did exist focused on specific issues, rather than taking a general approach to human rights with some provincial and federal laws offering limited safeguards.

Since the 1960s, Canada has placed emphasis on equality and inclusiveness for all people. In present-day Canada the idea of a "just society" are constitutionally protected. The "Canadian Charter" guarantees fundamental freedoms such as; free expression, religion, association and peaceful assembly rights and the right to life, liberty and security of the person. Other rights related to participation in elections, mobility, legal process, equality, language usage and minority-language education are also within the Charter.

Internationally, Canada is a signatory to multiple human rights treaties, and ranks among the highest globally in measurements of civil rights. Despite Canada being an international leader of human rights there are foreign and varied domestic concerns. There are significant issue of historic racism and discrimination against Indigenous peoples - including the modern day plight of violence faced by Indigenous females, reports of excessive force used by law enforcement and racial profiling targeting visible minority, concern with the treatment of migrants and refugees and the freedom of religion and language expression in Quebec society.

Current legal framework

Human rights in Canada are given legal protections by the dual mechanisms of constitutional entitlements and statutory human rights codes, both federal and provincial.

Claims under the Constitution and under human rights laws are generally of a civil nature. Constitutional claims are adjudicated through the court system. Human rights claims are typically investigated by a human rights commission of the appropriate jurisdiction, either the Canadian Human Rights Commission or a provincial human rights commission. If a human rights claim goes to adjudication, it may be in front of a specialised human rights tribunal, such as the Canadian Human Rights Tribunal for federal claims, or a provincial human rights tribunal for claims under provincial law. In one province, Saskatchewan, there is no human rights tribunal and claims are adjudicated directly by the superior trial court of the province. A tribunal or court generally has broad remedial powers.

Constitutional provisions

The Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. The Charter guarantees political, mobility, and equality rights and fundamental freedoms such as freedom of expression, freedom of assembly and freedom of religion for private individuals and some organisations. The Charter only applies to governments, requiring them to respect the rights and freedoms it sets out. Charter rights are enforced by legal actions in the criminal and civil courts, depending on the context in which a Charter claim arises.

Fundamental freedoms

Section 2 of the Canadian Charter of Rights and Freedoms guarantees four fundamental freedoms:

• freedom of conscience and religion;

• freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

• freedom of peaceful assembly;

• freedom of association.

Freedom of conscience and religion

Freedom of conscience and religion is protected by section 2(a) of the Charter. 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 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 with respect to 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. The Supreme Court has held that the funding is not discriminatory under the Charter. On November 5, 1999, the UN Human Rights Committee held that Canada was in breach of the equality provisions of the International Covenant on Civil and Political Rights. 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, or workplace harassment
• Violations of copyright laws
• 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), that although 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 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.

Social equality

Progressive rights issues that Canada has addressed include; discriminatory rights, assisted suicide rights, patient rights, parents' rights, children's rights, LGBTQ rights, abortion rights, minority rights, rights of the disabled, Indigenous rights, tenant rights and economic, social and political rights.

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."

Throughout Canadian history, there has been a pattern of systemic racial discrimination, particularly towards indigenous persons, but to other groups as well, including African, 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.

Sex

Within the Canadian context, human rights protections for women consist of constitutional entitlements and federal and provincial statutory protections. Section 28 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.

Abortion was criminalised in 1868, and remained so for the next 100 years. In 1969, the federal government of Prime Minister Pierre Trudeau passed the Criminal Law Amendment Act, 1968–69 which legalized therapeutic abortions, as long as a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health. In 1988, the Supreme Court of Canada ruled in R. v. Morgentaler that the existing law was unconstitutional, and struck down the 1969 Act. By a 5-2 ruling, the Court found that the 1969 abortion law violated a woman's right to "security of the person" guaranteed under section 7 of the Charter.

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 in 2010.

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 Charter. 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.

Language

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. Consequently, the federal government began officially adopting multicultural and bilingual policies in the 1970s and 1980s.

The Constitution Act, 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 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

Multiculturalism is reflected in the Charter through section 27 which states that "This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians".

Federal legislation

Discrimination

In 1977, the federal Parliament enacted the Canadian Human Rights Act to prohibit discrimination in matters under federal jurisdiction. The act applies throughout Canada, and protects people in Canada from discrimination by the federal government, or by federally regulated enterprises, such as banks, airlines, interprovincial railways, telecommunications, and maritime shipping.

The act sets out a defined list of prohibited grounds of discrimination:

• race
• national or ethnic origin
• colour
• religion
• age
• sex (including pregnancy and childbirth)
• sexual orientation
• gender identity or expression
• marital status
• family status
• genetic characteristics
• disability
• conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

When the act was passed in 1977, the list of prohibted grounds of discrimination was shorter. Additional prohibited grounds have been added over time.

Disability discrimination

When the Canadian Human Rights Act was passed in 1977, it had a more limited prohibition on disability discrimination than is currently the case. Section 3 of the act prohibited discrimination on the basis of "physical disability", and only in matters related to employment. In 1983, Parliament expanded this protection to be on the basis of diability generally, which includes mental disability, and removed the restriction that it only related to matters of employment.

Several programs and services are also subject to specific legislation requiring inclusive approaches. For example, Canada Elections Act 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).

Other laws with disability provisions include section 6 of the Canada Evidence Act, 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.

Sexual orientation, gender identity and expression

Neither sexual orientation nor gender identity and expression were included in the Canadian Human Rights Act when it was passed in 1977. Parliament amended the act in 1996 to include sexual orientation as a prohibited ground of discrimination. Parliament added gender identity or expression as additional prohibited grounds of discrimination through An Act to amend the Canadian Human Rights Act and the Criminal Code in 2017.

In 2005, following a series of court cases across the country which held that same-sex marriage was constitutionally required, the federal Parliament passed the Civil Marriage Act, which made same-sex marriage legal throughout Canada. Canada was the fourth country in the world, and the first in the Americas, to implement same-sex marriage.

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 delivered a formal apology in the House of Commons to individuals harmed by federal legislation, policies and practices that led to the discrimination against LGBTQ2 people in Canada. He introduced the Expungement of Historically Unjust Convictions Act, which passed Parliament and received royal assent in June 2018. The legislation gives individuals who had been convicted of offences related to consensual same-sex activity the ability to apply to the Parole Board of Canada to have the record of a conviction expunged. If the board grants the application, it has the same effect as a pardon.

Sex discrimination

While sex was included as a prohibited ground of discrimination when the Canadian Human Rights Act was passed in 1977, in 1978 the Supreme Court of Canada unanimously held that pregnancy was not included in the similar prohibition on sexual discrimination in the Canadian Bill of Rights. In 1983, Parliament amended s. 3 of the Canadian Human Rights Act to expressly state that discrimination on the basis of sex includes pregnancy and childbirth.

Beginning in the 1960s, Canada launched a series of affirmative action programs aimed at increasing representation of women in the federal public service. Today, the Employment Equity Act requires private and public sector employers under federal jurisdiction to increase representation of women, who are one of the four designated groups protected by the act.

Multiculturalism Act

Multiculturalism is reflected at the federal level through the Canadian Multiculturalism Act. Enacted in 1988, the act affirms that the federal 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.

Provincial and territorial legislation

At the provincial and territorial level, human rights are protected by the Charter and by provincial human rights legislation. The Charter applies to provincial and territorial governments and agencies, and also local governments created by provincial and territorial law, such as municipalities and school boards. Provincial and territorial human rights laws also apply to governments, and more generally to activities under provincial or territorial jurisdiction, such as most workplaces, rental accommodation, education, and trade unions.

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. The laws prohibit discrimination on enumerated personal characteristics, such as race, sex, religion or sexual orientation.

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.

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.

There are several provincial and territorial programs focused on income, housing, and employment supports for persons living with disabilities.

In January 2018, the Canadian Centre for Diversity and Inclusion 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, 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 and to respect the principles of Inuit Qaujimajatuqangit, described as "Inuit beliefs, laws, principles and values along with traditional knowledge, skills and attitudes." Nunavut is unique in Canada tying its human rights code to an indigenous rather than a European-derived philosophical foundation.

Legal history and context

Colonial period

Overall, the colonial period in Canada was characterized by the systematic denial of human rights to Indigenous peoples, women, and non-white immigrants. These groups were subject to discriminatory laws and practices that denied them basic rights and freedoms. Slavery was practiced in Canada until it was made illegal under the Slavery Abolition Act of 1833. The imposition of European legal systems and property rights led to the displacement and marginalization of Indigenous peoples. Canadian women were often denied basic rights such as the right to vote and own property, while immigrants were subjected to discrimination and exploitation in the workforce.

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 in 1829.

Nearly a century later, the Province of Canada passed similar legislation, ending the establishment of the Church of England 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

Constitutional framework

In 1867, Canada was created by the British North America Act, 1867 (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" 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 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 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 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 and prohibited the hiring of people of Chinese origin, using an ethnic slur 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, at that time the highest court for the British Empire, 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, 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, who had been denied the right to vote in British Columbia provincial elections. The Judicial Committee held that control of the franchise 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, the Supreme Court upheld a Saskatchewan 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 John 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. 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, a black Nova Scotian, went to see a movie in a theatre in New Glasgow, 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 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" type of segregation.

In 2018, the Bank of Canada 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 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.

Contemporary legislation

External videos
– Pierre Trudeau declares 'Canada must be a just society' in 1968 – Sept. 9, 1968, CBC/Radio-Canada, (2:22 mins).

Many of the rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus, and the presumption of innocence, have their roots in a set of Canadian laws and legal precedents sometimes known as the Implied Bill of Rights. Many of these rights were also included in the Canadian Bill of Rights, which the Canadian Parliament enacted in 1960. However, the Bill of Rights had a number of shortcomings. Unlike the Charter, it was an ordinary Act of Parliament, applicable only to the federal government.

Implied Bill of Rights (1938)

In 1938 there was a development in judicial protection of rights. The government of the province of Alberta had passed a series of laws to implement its social credit platform, and had come under heavy media criticism. In response, the Legislature enacted the Accurate News and Information Act, 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 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, at that time a Member of Parliament from Saskatchewan, was in Europe in 1936 and witnessed the Nuremberg Rally 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, but was not able to gain support for the proposal. Instead, in 1947, the Government of Saskatchewan introduced the Saskatchewan Bill of Rights, the first bill of rights in the Commonwealth since the English Bill of Rights of 1689.

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).

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).

Canadian Bill of Rights (1960)

John Diefenbaker, 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. 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, 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, 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. A notable exception was R. v. Drybones, which did use the Bill of Rights to overturn a different provision of the Indian Act.

Canadian Human Rights Acts (1977)

Canadian Charter of Rights and Freedoms (1982)

International legislation and domestic influence

Canada has ratified a multitude of international humanitarian declarations and conventions, such as those outlined in the Universal Declaration of Human Rights, Geneva Conventions and Rome Statute. Canada, as a country, was deeply inspired by the principles laid out in the Universal Declaration of Human Rights after world war II. This declaration, adopted by the United Nations in 1948, outlines the fundamental rights and freedoms that every individual is entitled to. In Canada, these principles have guided the development of laws and policies that protect the rights and dignity of all its citizens. Canadian lawyer and scholar John Humphrey played a key role in drafting the Declaration, which consists of 30 articles defining universal human rights, including equality and freedom from discrimination. These principles influenced the Canadian Human Rights Act.

The Supreme Court of Canada 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. 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.

Canada has ratified seven principal UN human rights conventions and covenants:.

• International Convention on the Elimination of All Forms of Racial Discrimination (accession by Canada in 1970)
• International Covenant on Civil and Political Rights (accession by Canada in 1976)
• International Covenant on Economic, Social and Cultural Rights (ratified by Canada in 1976)
• Convention on the Elimination of All Forms of Discrimination against Women (ratified by Canada in 1981)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (ratified by Canada in 1987)
• Convention on the Rights of the Child (ratified by Canada in 1991)
• Convention on the Rights of Persons with Disabilities (ratified by Canada in 2010)

Human rights abuses

Historical cases

Indigenous peoples

Throughout the history of Canada, the Canadian government (its colonial predecessors and settlers) have been accused of many atrocities variously described as ethnic cleansing, crimes against humanity, ethnocide and genocide, against the Indigenous peoples in Canada. The term cultural genocide began to be utilized in the 1990s when researchers and Indigenous leaders started to declare the actions of churches and the government regarding residential schools were genocidal. There is debate among scholars about the designation used and if the term genocide legally applies to Canada's experience.

Chinese immigration tax

The Chinese head tax was a fixed fee charged to each Chinese person entering Canada. The head tax was first levied after the Canadian parliament passed the Chinese Immigration Act of 1885 and was meant to discourage Chinese people from entering Canada after the completion of the Canadian Pacific Railway. The tax was abolished by the Chinese Immigration Act of 1923, which stopped Chinese immigration altogether, except for business people, clergy, educators, students, and other categories.

South Asian immigrants

The Komagata Maru incident involved the Japanese steamship Komagata Maru, on which a group of people from British India attempted to migrate to Canada in April 1914, but most were denied entry and forced to return to Budge Budge, near Calcutta (present-day Kolkata). There, the Indian Imperial Police attempted to arrest the group leaders. A riot ensued, and they were fired upon by the police, resulting in some deaths.

Internment camps

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, lasting from 1914 to 1920, under the terms of the War Measures Act. About 4,000 Ukrainian men and some women and children of Austro-Hungarian citizenship were kept in twenty-four internment 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.

Japanese Canadians

Japanese Canadian internment refers to confinement of Japanese Canadians in British Columbia during World War II. The internment began in December 1941, after the attack by carrier-borne forces of Imperial Japan on American naval and army facilities at Pearl Harbor. The Canadian federal government gave the internment order based on speculation of sabotage and espionage, although the RCMP and defence department lacked proof. Many interned children were brought up in these camps, including David Suzuki, Joy Kogawa, and Roy Miki. 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.

Italian Canadians

International cases

Somalia Affair

Canadian peacekeepers have been accused of being complicit in human rights abuses abroad, notably in 1993 when the Canadian Armed Forces were deployed during the Somali Civil War to support UNOSOM I in a peace enforcement capacity. Soldiers from the Canadian Airborne Regiment tortured and killed a 16-year-old youth who broke into the encampment. Known as the Somalia affair, the incident has been described as "the darkest era in the history of the Canadian military" and led to the regiment's disbandment.

Contemporary issues

Clean water access in First Nation communities

Many First Nation communities throughout Canada experience frequent and long term drinking water advisories, the longest of which at Neskantaga First Nation having been in continual effect since 1995. Access to safe drinking water is classified as a human right by many international treaties ratified by Canada, including the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and the International Covenant on Civil and Political Rights. The failure to adequately address the water advisories has led to condemnation by many human rights bodies including the United Nations Committee on Economic, Social and Cultural Rights. In 2015 the Canadian government committed to ending all long term drinking water advisories by March 2021 and would successfully reduce the number of water advisories by 81% as of February 2023. While the Canadian government would fail to meet its 2021 deadline, efforts are ongoing, however no new deadline has been set, with 32 advisories still being in effect as of February 2023.

Disability poverty

Canada's provincial disability programs do not provide sufficient income to recipients to enable them to afford typical food and housing costs of $341 per month and $1529/month for a studio apartment respectively.

In Ontario and British Columbia, disability support program payments max out at $1308 and $1483.50 per month, respectively, for an individual.

Missing and murdered Indigenous females

Within Canada, indigenous women and girls are disproportionately the victims of kidnaping and murder with thousands of such cases occurring in the past 30 years. Indigenous women have been found to represent 10% of all women reported missing for longer than 30 days, and are 6 times more likely to be the victims of homicide compared to non-indigenous women. As a result of the crisis the federal government and all ten provincial governments conducted a National Inquiry into Missing and Murdered Indigenous Women from 2016 to 2019, with the inquiry concluding that the crisis represented a continued “race, identity and gender-based genocide.”

Racial profiling and excessive force used by law enforcement

The issue of excessive police force incidents in Canada has been a topic of concern for many years. There have been numerous cases where individuals have been subjected to unnecessary and excessive force by law enforcement officers. These incidents have raised questions about the accountability and oversight of police forces in Canada.

The use of excessive force by police officers disproportionately affects marginalized communities in Canada, including Indigenous peoples, racialized communities, and those experiencing mental health crises. Studies have also shown that individuals from these communities are more likely to be subjected to increased levels of incarnation.

Bill 101 in Quebec

The Charter of the French Language, also known as Bill 101 in Quebec is a statute passed by the National Assembly of Quebec in 1977, the "language Charter" 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."

Bill 21 in Quebec

The Act respecting the laicity of the State introduced and commonly referred to as Bill 21 or Law 21, is a statute passed by the National Assembly of Quebec in 2019. Human rights issue that has been raised in relation to this law is the right to freedom of religion. The Act prohibits certain public employees, such as teachers and judges, from wearing religious symbols at work, which can limit their ability to freely practice their faith. Some argue this goes against the Canadian Charter of Rights and Freedoms, which guarantees the right to freedom of religion. Some also argue that the Act targets certain religious groups, particularly Muslim women who wear headscarves, by singling them out and prohibiting them from wearing their religious symbols in public positions.

Refugees, asylum seekers and migrants

A record 405,000 immigrants were admitted in 2021. Canada leads the world in refugee resettlement; it resettled more than 47,600 in 2022. Immigration detention centers are meant to house individuals who are awaiting deportation or undergoing immigration proceedings, but they have become sites of mistreatment and human rights violations. Reports have surfaced detailing instances of physical abuse, lack of access to medical care, and discriminatory practices within these facilities. One of the main issues facing asylum seekers in Canada is the lack of access to legal representation and support. The lengthy processing times for asylum claims can leave individuals and families in a state of limbo, unsure of their fate and vulnerable to exploitation.

International indices

Freedom indices produced by several non-governmental organizations publishes assessments of political rights and civil liberties for countries around the world.

According to Freedom in the World, an annual report by US-based think-tank Freedom House, which rates political rights and civil liberties, in 2023 Canada was ranked "Free" (the highest possible rating), with a Global Freedom Score of 97 out of 100.

According to the Democracy Index, an annual index published by the U.K.-based Economist Intelligence Unit, that measures pluralism, civil liberties, and the state of democracy, in 2023 Canada was ranked 13th out of 167 countries and received a score of 8.69 out of 10.00.

According to the annual Worldwide Press Freedom Index published by Reporters Without Borders, Canada ranked 14th out of 180 countries in 2024, up one spot from 15th in 2023 and from 19th in 2022.

According to the annual Corruption Perceptions Index, published by Transparency International, Canada was ranked 12th out of 180 countries from the top least corrupt in 2024.

The Index of Economic Freedom an annual index by The Heritage Foundation and The Wall Street Journal to measure the degree of economic freedom, ranks Canada 14th out of 177 in 2024, with a score of 73.7 out of 100.

See also

• Canadian values
• Censorship in Canada
• Healthcare in Canada

References

1. Schabas, William (1998). "Canada and the Adoption of Universal Declaration of Human Rights" (PDF). McGill Law Journal. 43: 403.
2. Joseph E. Magnet, Constitutional Law of Canada, 8th ed., Part VI, Chapter 1 Archived October 8, 2007, at the Wayback Machine, Juriliber, Edmonton (2001). URL accessed on March 18, 2006.
3. Church, Joan; Schulze, Christian; Strydom, Hennie (2007). Human rights from a comparative and international law perspective. Unisa Press. p. 82. ISBN 978-1-86888-361-5.
4. Christopher MacLennan (2004). Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929–1960. McGill-Queen's Press – MQUP. p. 119. ISBN 978-0-7735-2536-8.
5. J. M. Bumsted (2003). Canada's Diverse Peoples: A Reference Sourcebook. ABC-CLIO. p. 229. ISBN 978-1-57607-672-9.
6. LaSelva, S.V. (1996). The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood. McGill-Queen's University Press. p. 86. ISBN 978-0-7735-1422-5. Retrieved November 2, 2024.
7. ^ "The rights and freedoms the Charter protects". Ministère de la Justice. April 12, 2018. Retrieved November 3, 2024.
8. "International Human Rights Treaties to which Canada is a Party". Ministère de la Justice. November 14, 2016. Retrieved October 29, 2024.
9. "Canada: Freedom in the World 2023 Country Report". Freedom House. Retrieved November 3, 2024.
10. Amanat, Hayatullah (September 8, 2023). "Canada ranks as 2nd-best country in 2023: U.S. News". CTVNews. Retrieved November 3, 2024.
11. "World Report 2020: Rights Trends in Canada". Human Rights Watch. December 13, 2019. Retrieved October 28, 2024.
12. "Canada "a welcome ally" in advancing human rights around the world – Bachelet". OHCHR. June 19, 2019. Retrieved October 28, 2024.
13. Nancy Holmes, "Human Rights and the Courts in Canada", Publications Canada, Law and Government Division, BP-279E, November 1991, revised October 2001.
14. Canadian Heritage (October 23, 2017). "About human rights". Canada.ca. Retrieved November 1, 2024.
15. Marie-Yosie Saint-Cyr, "The Saskatchewan Human Rights Tribunal Eliminated", Slaw – Canada’s online legal magazine, August 4, 2011.
16. Saskatchewan Human Rights Commission: Filing a Complaint.
17. Canadian Heritage (October 23, 2017). "About human rights complaints". Canada.ca. Retrieved November 1, 2024.
18. Canadian Charter of Rights and Freedoms.
19. "The rights and freedoms the Charter protects". Department of Justice Canada. April 12, 2018. Retrieved November 1, 2024.
20. "Who Does the Charter Apply to?". Alberta Civil Liberties Research Centre. Retrieved November 1, 2024.
21. "Section 11 – General: legal rights apply to those "charged with an offence"". Ministère de la Justice. November 9, 1999. Retrieved November 1, 2024.
22. "Freedom of Religion - by Marlene Hilton Moore". McMurtry Gardens of Justice. Retrieved June 12, 2023.
23. Canadian Charter of Rights and Freedoms, s 2(a).
24. ^ Canadian Charter of Rights and Freedoms, s 15.
25. R v Big M Drug Mart Ltd., 1 SCR 295, at para. 94.
26. Richard Moon, "The public funding of Catholic schools in Ontario is unstable and unprincipled", CBC News, 28 May 2018.
27. Cristin Schmitz, "SCC Affirms 7-2 Ontario and B.C. Regulators' Denial of Accreditation to TWU's Proposed Law School" Archived December 4, 2022, at the Wayback Machine, The Lawyer's Daily, LexisNexis Canada, 15 June 2018.
28. Canadian Human Rights Commission Statement: "Denying the Rights of One Group of People Puts Everyone's Rights at Risk", 29 March 2019: "The Canadian Human Rights Commission is deeply concerned by Quebec’s announcement this week that it will seek to ban religious symbols for all provincial public servants in roles such as, police officers, judges, teachers and senior officials."
29. Kathleen Harris, "Trinity Western loses fight for Christian law school as court rules limits on religious freedom 'reasonable' ", CBC News, 16 June 2018.
30. Reference re Bill 30, An Act to Amend the Education Act (Ont.), 1 SCR 1148.
31. Adler v. Ontario, 3 SCR 609.
32. Waldman v Canada, Communication No. 694/1996, U.N. Doc. CCPR/C/67/D/694/1996 (1999).
33. UN Human Rights Committee, Report of the Human Rights Committee, Volume I: Eighty-fifth Session (17 October-3 November 2005), Eighty-sixth Session (13-31 March 2006), Eighty-seventh Session (10-28 July 2006), 85th Sess, UN DOC A/61/40 (1 December 2006) 20 at 24.
34. Canadian Charter of Rights and Freedoms, s 2(b).
35. Canadian Charter of Rights and Freedoms, s 1.
36. Julian Walker, "Hate Speech and Freedom of Expression: Legal Boundaries in Canada", Library of Parliament Research Publications, No. 2018-25-E, Library of Parliament, 2018.
37. Canadian Charter of Rights and Freedoms, s 2(c).
38. Reference Re Public Service Employee Relations Act (Alta.), 1 SCR 313.
39. Vilko Žbogar, et al. "Forcible Removal of Peaceful Protests in Canada: Submission to United Nations, Office of the High Commissioner for Human Rights, Special Rapporteur on the rights to freedom of peaceful assembly and of association and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression." The Law Union of Ontario, November 18. 2011.
40. Alexandra Theodorakidis, "Bill C-51, Freedom of Assembly and Canadians' Ability to Protest." Archived June 30, 2022, at the Wayback Machine Canadian Journalists for Free Expression, 25 June 2015.
41. "CSIS surveillance of pipeline protesters faces federal review", CBC News, September 27, 2018.
42. Canadian Charter of Rights and Freedoms, s 2(d).
43. "Scope of freedom of association", Charterpedia, Section 2(d) – Freedom of association, Department of Justice Canada, July 31, 2023.
44. "Freedom from compelled association", Charterpedia, Section 2(d) – Freedom of association, Department of Justice Canada, July 31, 2023
45. R v Advance Cutting & Coring Ltd., 3 SCR 209, at paras 19, 195, 196, 220.
46. Human Rights Canada Archived December 3, 2008, at the Wayback Machine
47. Reading, Charlotte, and Sarah de Leeuw. "Aboriginal experiences with racism and its impacts." Technical Report. Prince George, British Columbia, Canada: National Collaborating Centre for Aboriginal Health, 2014.
48. ^ 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.
49. Mar, Lisa Rose. “Beyond Being Others: Chinese Canadians as National History.” The British Columbian Quarterly, No. 156/7, 1 May 2008, pp. 13–34.
50. Sunahara, Ann Gomer. The Politics of Racism: the Uprooting of Japanese Canadians during the Second World War. J. Lorimer, 1981.
51. Johnston, Hugh. The East Indians in Canada. No. 5. Ottawa: Canadian Historical Association, 1984.
52. Robinson, Ira. A History of antisemitism in Canada. Wilfrid Laurier Univ. Press, 2015.
53. Helly, Denise. "Islamophobia in canada? women's rights, modernity, secularism." Religions in the Public Sphere: Accommodating Religious Diversity in the Post-Secular Era, Recode. Responding to Complex Diversity in Europe and Canada, Working Paper No. 11, 2012.
54. Simpson, Laura. "Violent victimization and discrimination among visible minority populations, Canada, 2014." Juristat: Canadian Centre for Justice Statistics, Statistics Canada, Apr. 12. 2018.
55. "10 striking signs from the Women's March in Toronto". CBC News. January 21, 2017. Retrieved January 23, 2017.
56. Charter of Rights and Freedoms, s 28.
57. Diana Majury, "The Charter, Equality Rights, and Women: Equivocation and Celebration", Osgoode Hall Law Journal, vol. 40, no. 3, 2002, 297-336, at pp. 307–308.
58. ^ Victoria Bromley (2012). Feminisms Matter: Debates, Theories, Activism. University of Toronto Press. pp. 26–32. ISBN 978-1-4426-0502-2.
59. Radha Jhappan (2002). Women's Legal Strategies in Canada. University of Toronto Press. pp. 335–338. ISBN 978-0-8020-7667-0.
60. R v Morgentaler, 1 SCR 30.
61. “Canada Ratifies United Nations Convention on the Rights of Persons with Disabilities.” Ccdonline, Council of Canadians with Disabilities, 11 Mar. 2010, ccdonline.ca/en/international/un/canada/crpd-pressrelease-11March2010.
62. Egan v. Canada, 2 S.C.R. 514 at para. 5, finding sexual orientation to be an analogous ground under the Charter but upholding the exclusion of same-sex partners from the definition of spouse in the Old Age Security Act; see also Vriend v. Alberta, 1 S.C.R. 493 (reading “sexual orientation” into the prohibited grounds of discrimination in the Individual’s Rights Protection Act).
63. C.F. v. Alberta (Vital Statistics), ABQB 237, par. 39.
64. Heritage, Canadian (February 19, 2021). "English and French: Towards a substantive equality of official languages in Canada". Canada.ca. Retrieved November 1, 2024.
65. Canadian Human Rights Act, RSC 1985, c. C H-6, s. 2.
66. Canadian Human Rights Act, s 3.
67. ^ Canadian Human Rights Act, SC 1977, c. 33.
68. ^ An Act to amend the Canadian Human Rights Act and to amend certain other Acts in consequence thereof, SC 1980-81-82-83, c 143, s. 2.
69. Canada Elections Act, SC 2000, c. 9, s. ss 119(1)(d), 121(1), 154(1)(2), 168(6), 243(1).
70. Canada Evidence Act, RSC 1985, c. C-5, s. 6(1),(2).
71. ^ Employment Equity Act, SC 1995, c. 44.
72. Government of Canada: Registered Disability Savings Plan.
73. Government of Canada: Tax Credits and Deductions for Persons with Disabilities.
74. Government of Canada: Rights of LGBTI persons.
75. Annette Nierobisz, Mark Searl, and Charles Théroux, Human Rights Commissions and Public Policy: The Role of the Canadian Human Rights Commission in Advancing Sexual Orientation Equality Rights in Canada (Canadian Human Rights Commission: 2008).
76. Canadian Human Rights Commission: Transgender people have the same right to respect and dignity as everyone else in Canada, May 17, 2016.
77. Nina Dragicevic, "Canada’s gender identity rights Bill C-16 explained", CBCDOCSPOV.
78. Peter W. Hogg, "Canada: The Constitution and same-sex marriage", (2006) International Journal of Constitutional Law, Vol 4, No 3, 712–721.
79. Privy Council Office. “About the LGBTQ2 Secretariat.” Canada.ca, Government of Canada, 17 May 2018.
80. Kathleen Harris, " 'Our Collective Shame': Trudeau Delivers Historic Apology to LGBT Canadians", CBC News, November 29, 2017.
81. Government of Canada: What is Expungement?
82. Expungement of Historically Unjust Convictions Act, SC 2018, c. 11.
83. Bliss v Attorney General of Canada, 1 SCR 183.
84. Government of Canada, Public Services and Procurement Canada (July 1, 2002). "History of employment equity in the public service and the Public Service Commission of Canada / by the Equity and Diversity Directorate. : SC3-159/2011E-PDF - Government of Canada Publications - Canada.ca". publications.gc.ca. Retrieved November 14, 2020.
85. Canadian Heritage (June 3, 2024). "About the Canadian Multiculturalism Act". Canada.ca. Retrieved November 1, 2024.
86. "Charterpedia". Section 32(1) – Application of the Charter. November 9, 1999. Retrieved November 1, 2024.
87. ^ 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.
88. "Canadian Human Rights Act". Site Web de la législation (Justice). August 19, 2024. Retrieved November 1, 2024.
89. Audit and Evaluation Sector Indian and Northern Affairs Canada. “Evaluation of the Income Assistance Program.” Indian and Northern Affairs., 2007, pp. 32–33. Government of Canada Publications, publications.gc.ca/site/eng/479530/publication.html.
90. "Overview of Human Rights Codes by Province and Territory in Canada" (PDF). Canadian Centre for Diversity and Inclusion. January 2018. Retrieved September 21, 2020.
91. "Human Rights". The Canadian Encyclopedia. June 6, 1944. Retrieved October 31, 2024.
92. "A collection of the acts passed in the Parliame... - Canadiana Online". www.canadiana.ca.
93. "A collection of the acts passed in the Parliame... - Canadiana Online". www.canadiana.ca.
94. Treaty of Paris, 1763, article IV.
95. ^ "Avalon Project - Great Britain : Parliament - The Quebec Act: October 7, 1774". avalon.law.yale.edu.
96. "THE CATHOLIC RELIEF ACT, 1829". members.pcug.org.au.
97. An Act to repeal so much of the Act of the Parliament of Great Britain passed in the Thirty-first year of the Reign of King George the Third, and Chaptered Thirty-one, as relates to Rectories, and the presentation of Incumbents to the same, and for other purposes connected with such Rectories, Statutes of the Province of Canada, 14-15 Vict. (1851), c. 175, Preamble and s. 1.
98. Branch, Legislative Services (July 30, 2015). "Consolidated federal laws of canada, Access to Information Act". laws-lois.justice.gc.ca.
99. Branch, Legislative Services (July 30, 2015). "Consolidated federal laws of canada, Access to Information Act". laws-lois.justice.gc.ca.
100. ^ Branch, Legislative Services (July 30, 2015). "Consolidated federal laws of canada, Access to Information Act". laws-lois.justice.gc.ca.
101. Coal Mines Regulation Act, RSBC 1897, c. 138, s. 4.
102. Union Colliery Co. of British Columbia v. Bryden, UKPC 58, AC 580 (JCPC).
103. Provincial Elections Act, RSBC 1897, c. 67, s. 8.
104. Cunningham v Homma, UKPC 60, 9 AC 151 (JCPC).
105. Canada, Supreme Court of (January 1, 2001). "Supreme Court of Canada - SCC Case Information - Search". scc-csc.lexum.com.
106. An Act to prevent the Employment of Female Labour in Certain Circumstances, Statutes of Saskatchewan 1912, c. 17, s. 1.
107. Canada, Supreme Court of (January 1, 2001). "Supreme Court of Canada - SCC Case Information - Search". scc-csc.lexum.com.
108. The King v Desmond (1947), 20 MPR 297 (NS SC), at 299–301.
109. "Canada's Vertical $10 Note". www.bankofcanada.ca.
110. Lagerquist, Jeff (March 8, 2018). "'Our family will go down in history': Desmond's sister moved by new $10 bill". CTVNews.
111. "Viola Desmond | Historica Canada". www.historicacanada.ca.
112. Canada, Supreme Court of (January 1, 2001). "Supreme Court of Canada - SCC Case Information - Search". scc-csc.lexum.com.
113. "Sources of Canadian Law" . Department of Justice Canada. Retrieved March 20, 2006.
114. Constitutional Law Group. Canadian Constitutional Law (3rd ed.). Toronto: Edmond Montgomery Publications. p. 635.
115. Reference Re Alberta Statutes, SCR 100; appeal dismissed, UKPC 46.
116. ^ "Saskatchewan, the Patriation of the Constitution and the Enactment of the Charter: Looking Back and Looking Forward – Canadian Journal of Human Rights".
117. ^ The Saskatchewan Bill of Rights Act, 1947, SS 1947, c. 35.
118. Bill of Rights, 1688 (Eng), 1 Will & Mar (2d Sess), c 2.
119. Branch, Legislative Services (December 31, 2002). "Consolidated federal laws of canada, Canadian Bill of Rights". laws-lois.justice.gc.ca.
120. Original citation: S.C. 1976-77, c. 33, s. 1; current citation: R.S.C. 1985, c. H-6.
121. Canadian Human Rights Act, s. 3(1).
122. Kirkup, Kyle. "Canadian Human Rights Act". The Canadian Encyclopedia. Retrieved April 1, 2023.
123. ^ Heritage, Canadian (October 23, 2017). "Human rights treaties". Canada.ca. Retrieved October 31, 2024.
124. Heritage, Canadian (December 10, 2023). "Commemorating the 75th anniversary of the Universal Declaration of Human Rights". Canada.ca. Retrieved October 28, 2024.
125. "Canada's approach to advancing human rights". GAC. October 16, 2015. Retrieved October 28, 2024.
126. "Human Rights in Canada". Canadian Human Rights Commission. September 10, 2024. Retrieved October 28, 2024.
127. ^ 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.
128. R. v. Hape, 2007 SCC 26, 2 S.C.R. 292, at para 39. "In my view, following the common law tradition, it appears that the doctrine of adoption operates in Canada such that prohibitive rules of customary international law should be incorporated into domestic law in the absence of conflicting legislation."
129. "The History of Violence Against Indigenous Peoples Fully Warrants the Use of the Word "Genocide"". Canadian Historical Association. Retrieved November 14, 2024. The Canadian Historical Association, which represents 650 professional historians from across the country, including the main experts on the long history of violence and dispossession Indigenous peoples experienced in what is today Canada, recognizes that this history fully warrants our use of the word genocide.
130. Woolford 2009, p. 81; Green 2023; MacDonald & Hudson 2012, pp. 430–431; Dhamoon 2016, p. 10
131. "Genocide and Indigenous Peoples in Canada". The Canadian Encyclopedia. November 2, 2020. Archived from the original on August 2, 2024.
132. MacDonald 2015, pp. 419–420.
133. Smith, Donald B.; Miller, J. R. (September 11, 2019). "No Genocide". Literary Review of Canada. Archived from the original on April 22, 2024. Retrieved September 3, 2024.
134. Dhamoon 2016, pp. 14–15.
135. Rubinstein, W. D. (2004). "Genocide and Historical Debate: William D. Rubinstein Ascribes the Bitterness of Historians' Arguments to the Lack of an Agreed Definition and to Political Agendas". History Today. 54. Archived from the original on January 31, 2013. Retrieved February 10, 2019.
136. MacDonald 2015, pp. 411–413, 422–425.
137. Canada, Citizenship (September 1, 2009). "Canada's History". Canada.ca. Retrieved December 12, 2024.
138. "Genocide and Indigenous Peoples in Canada". The Canadian Encyclopedia. June 6, 1944. Retrieved November 15, 2024.
139. ^ Richardson, Benjamin (2020). Richardson, Benjamin J. (ed.). From student strikes to the extinction rebellion: new protest movements shaping our future. Cheltenham, UK Northampton, MA: Edward Elgar. p. 41. ISBN 978-1-80088-109-9. Canada is a settler colonial state, whose sovereignty and political economy is premised on the dispossession of Indigenous peoples and exploitation of their land base' (2015:44). Many of the most egregious genocidal...
140. Williams, Kimberly (2021). Stampede: Misogyny, White Supremacy and Settler Colonialism. Fernwood Publishing. ISBN 9781773632179. Canada is a settler colonial state, it is also what hooks (Jhally 1997) calls a white supremacist capitalist heteropatriarchy...
141. Lightfoot et al. 2021, pp. 134–135.
142. "Indigenous Peoples and Government Policy in Canada". The Canadian Encyclopedia. June 6, 1944. Retrieved November 20, 2024.
143. Gentles, Ian James (October 4, 2023). "Not a Genocide : Part 1: Disease and Nutrition". IRSRG. Retrieved December 12, 2024.
144. Do, Minh (October 31, 2023). "Salient Indigenous Acts of Resistance in Canada, 2010–2020: Current Trends". Canadian Journal of Political Science. 56 (4). Cambridge University Press (CUP): 936–949. doi:10.1017/s0008423923000513. ISSN 0008-4239.
145. James Morton. "In the Sea of Sterile Mountains: The Chinese in British Columbia". Vancouver, BC: J. J. Douglas, 1974.
146. "Komagata Maru". The Canadian Encyclopedia. June 6, 1944. Retrieved November 9, 2024.
147. "Komagata Maru incident (1914)". Dictionary of Canadian Biography. Retrieved July 27, 2024.
148. Johnston, Hugh (February 7, 2006). "Komagata Maru; The Canadian Encyclopedia". www.thecanadianencyclopedia.ca. Archived from the original on April 5, 2021. Retrieved April 5, 2021.
149. The Voyage of the Komagata Maru: the Sikh challenge to Canada's colour bar. Vancouver: University of British Columbia Press. 1989. pp. 81, 83. ISBN 978-0-7748-0340-3.
150. "The hidden history of Ukrainians imprisoned in Canadian labour camps in WW I". CBC. May 15, 2023. Retrieved April 30, 2024.
151. "Internment of Ukrainians in Canada 1914-1920". Retrieved April 1, 2010.
152. Maryka Omatsu, Bittersweet Passage and the Japanese Canadian Experience (Toronto: Between the Lines, 1992), 12.
153. "Jap Expropriation Hearing May Last 3 Years, Is Estimate," Globe and Mail (Toronto: January 12, 1948)
154. "Canada declares war on Italy". cbc.ca. June 10, 1940. Archived from the original on June 22, 2011.
155. DiStefano, Daniela (August 13, 2012). "Tracing the Forgotten History of Italian-Canadian Internment Camps". Archived from the original on January 12, 2020. Retrieved January 12, 2020.
156. Razack, Sherene (2000). "From the". Cultural Anthropology. 15 (1). : 127–163. doi:10.1525/can.2000.15.1.127. ISSN 0886-7356. JSTOR 656642.
157. Thakur, Ramesh (1994). "From Peacekeeping to Peace Enforcement: The UN Operation in Somalia". The Journal of Modern African Studies. 32 (3). Cambridge University Press: 387–410. doi:10.1017/S0022278X00015159. ISSN 0022-278X. JSTOR 161981. Retrieved April 11, 2024.
158. Kim Richard Nossal (2002). Diplomatic Departures: Conservative Era in Canadian Foreign Policy. UBC Press. p. 120. ISBN 978-0-7748-0865-1.
159. Farnsworth, Clyde H (November 27, 1994). "Torture by Army Peacekeepers in Somalia Shocks Canada". The New York Times. Archived from the original on May 1, 2011.
160. Dawson, G. (2011). "Here Is Hell": Canada's Engagement in Somalia. UBC Press. p. 3. ISBN 978-0-7748-4016-3. Archived from the original on March 15, 2024. Retrieved March 5, 2024.
161. ^ Foot, Richard (August 2, 2019). "Canadian Peacekeepers in Somalia". www.thecanadianencyclopedia.ca. Historica Canada. Archived from the original on March 12, 2024. Retrieved February 26, 2024.
162. Sherene Razack (2004). Dark threats and white knights: the Somalia Affair, peacekeeping, and the new imperialism. University of Toronto Press. p. 4. ISBN 978-0-8020-8663-1.
163. Cohen, S.A. (2010). Israel's Armed Forces in Comparative Perspective. BESA studies in international security. Taylor & Francis. p. 160. ISBN 978-1-135-16956-5. Archived from the original on March 4, 2024. Retrieved February 27, 2024.
164. ^ Swampy, Mario; Black, Kerry (May 7, 2021). "Tip of the iceberg: The true state of drinking water advisories in First Nations". UCalgary News. Retrieved April 9, 2023.
165. "NESKANTAGA FIRST NATION MARK 28th YEAR IN BOIL WATER ADVISORY". Matawa First Nations. February 1, 2023. Retrieved April 9, 2023.
166. ^ Klasing, Amanda (October 23, 2019). "The Human Right to Water". Human Rights Watch.
167. ^ Canada, Government of Canada; Indigenous and Northern Affairs (September 27, 2017). "Ending long-term drinking water advisories". Canada.ca. Retrieved April 9, 2023.{{cite web}}: CS1 maint: multiple names: authors list (link)
168. "Canada's Food Price Report 2023_Digital.pdf (dal.ca)" (PDF).
169. "January 2024 Rentals.ca Report". Rentals.ca.
170. "Average rental prices in Canada surge to record highs in October 2023: report". CTVNews. November 4, 2023. Retrieved February 13, 2024.
171. Balintec, Vanessa (July 23, 2023). "Financial support to keep people with disabilities housed falls short of what's needed: advocates". CBC News.
172. Cecco, Leyland (December 2, 2022). "'Rage, despair, disgust': Canada reels from killings of Indigenous women". The Guardian. ISSN 0261-3077. Retrieved April 9, 2023.
173. Government of Canada, Department of Justice (October 31, 2017). "Missing and Murdered Indigenous Women and Girls - JustFacts". www.justice.gc.ca. Retrieved April 9, 2023.
174. Reclaiming Power and Place: the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (PDF). Vol. 1a. National Inquiry into Missing and Murdered Indigenous Women and Girls. 2019. p. 5. ISBN 978-0-660-29274-8.
175. Barrera, Jorge (May 31, 2019). "National inquiry calls murders and disappearances of Indigenous women a 'Canadian genocide'". CBC News. Retrieved April 8, 2023.
176. "Police Brutality in Canada : A Bibliography of Books, Reports, & Magazine, Journal and Newspaper Articles". 1982.
177. "Press Release: Police-involved deaths on the rise across Canada". CCLA. February 23, 2023. Retrieved November 1, 2024.
178. ^ Gurmukh, Sunil (September 12, 2024). "Police violations of Charter rights highlight the need for accountability and transparency". The Conversation. Retrieved November 1, 2024.
179. Krista Stelkia (July 15, 2020). ""Police Brutality in Canada: A Symptom of Structural Racism and Colonial Violence"".
180. Johnson, William (October 3, 2003). "Opinion: Sign language makes noise at the UN". The Globe and Mail. Retrieved November 1, 2024.
181. "What's in Quebec's secularism bill: Religious symbols, uncovered faces and a charter workaround". CBC. March 28, 2019. Retrieved November 1, 2024.
182. "Bill 21". CCLA. November 21, 2023. Retrieved November 1, 2024.
183. Sangani, Priyanka (February 15, 2022). "Canada to take in 1.3 million immigrants in 2022–24". The Economic Times. Archived from the original on February 15, 2022.
184. Kim, Soo-Jung (June 14, 2023). "UNHCR calls for concerted action as forced displacement hits new record in 2022". UNHCR Canada. Retrieved July 4, 2024.
185. "Canada: Abuse, Discrimination in Immigration Detention". Human Rights Watch. June 17, 2021. Retrieved November 2, 2024.
186. Alhmidi, Maan (June 17, 2021). "Asylum seekers face abuse, discrimination in Canada's immigration detention system: report". Global News. Retrieved November 2, 2024.
187. "Freedom in the World Research Methodology". Freedom House.
188. "Canada: Freedom in the World 2024 Country Report". Freedom House. Retrieved July 7, 2024.
189. "Democracy Index 2023". Economist Intelligence Unit. February 29, 2024. Retrieved July 7, 2024.
190. "2024 World Press Freedom Index – journalism under political pressure". RSF. Retrieved July 7, 2024.
191. "2023 Corruption Perceptions Index: Explore the results". Transparency.org. January 30, 2024. Retrieved July 7, 2024.
192. The Heritage Foundation. "Index of Economic Freedom: All Country Scores". Index of Economic Freedom. Retrieved July 7, 2024.

Sources

• Dhamoon, Rita Kaur (2016). "Re-presenting Genocide: The Canadian Museum of Human Rights and Settler Colonial Power". The Journal of Race, Ethnicity, and Politics. 1 (1): 5–30. doi:10.1017/rep.2015.4.
• Green, Sarah (August 23, 2023). "The 'silent genocide' haunting Canada's liberal dream". The Daily Telegraph. Archived from the original on July 13, 2024.
• Lightfoot, Kent G.; Nelson, Peter A.; Grone, Michael A.; Apodaca, Alec (2021). "Pathways to Persistence: Divergent Native engagements with sustained colonial permutations in North America". In Panich, Lee M.; Gonzalez, Sara L. (eds.). The Routledge Handbook of the Archaeology of Indigenous-Colonial Interaction in the Americas. Routledge. pp. 129–146. ISBN 978-0-429-27425-1.
• MacDonald, David B. (October 2, 2015). "Canada's history wars: indigenous genocide and public memory in the United States, Australia and Canada". Journal of Genocide Research. 17 (4): 411–431. doi:10.1080/14623528.2015.1096583.
• MacDonald, David B.; Hudson, Graham (2012). "The Genocide Question and Indian Residential Schools in Canada". Canadian Journal of Political Science. 45 (2): 427–449. doi:10.1017/s000842391200039x.
• Woolford, Andrew (2009). "Ontological Destruction: Genocide and Canadian Aboriginal Peoples". Genocide Studies and Prevention. 4 (1): 81–97. doi:10.3138/gsp.4.1.81.

Further reading

• MacLennan, C. (2003). Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929-1960. McGill-Queen's University Press. ISBN 978-0-7735-2536-8.
• Lambertson, R. (2005). Repression and Resistance: Canadian Human Rights Activists, 1930-1960. Canadian Social History. University of Toronto Press. ISBN 978-0-8020-8921-2.
• Clément, D. (2016). Human Rights in Canada: A History. Laurier studies in political philosophy series. Wilfrid Laurier University Press. ISBN 978-1-77112-163-7.
• Clément, D. (2009). Canada's Rights Revolution: Social Movements and Social Change, 1937-82. UBC Press. ISBN 978-0-7748-5843-4.
• Eliadis, F.P. (2014). Speaking Out on Human Rights: Debating Canada's Human Rights System. McGill-Queen's University Press. ISBN 978-0-7735-4305-8.
• Miron, J. (2009). A History of Human Rights in Canada: Essential Issues. Canadian Scholars' Press Incorporated. ISBN 978-1-55130-356-7.
• Gibson, Dale (1966). "Constitutional Amendment and the Implied Bill of Rights" (PDF). McGill Law Journal. 12 (4): 497–501. Archived from the original (PDF) on October 27, 2017. Retrieved November 2, 2024.
• Hogg, Peter W. (2003). Constitutional Law of Canada (2003 Student ed.). Scarborough: Thomson/Carswell. ISBN 0-45924085-4.
• Adams, Eric M. (2009). The Idea of Constitutional Rights and the Transformation of Canadian Constitutional Law, 1930-1960 (PDF) (JD). University of Toronto.

External links

• Human Rights in Canada - Canadian Human Rights Commission
• Canada’s approach to advancing human rights - Government of Canada
• Human rights in Canada - Amnesty International

• Human rights in Canada
• Human rights by country
• History of human rights in Canada