Human rights in Canada
Encyclopedia
Since signing the Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...

 in 1948, the Canadian government has attempted to make universal human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

 a part of Canadian law. There are currently four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

, the Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally 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 victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...

, the Canadian Human Rights Commission
Canadian Human Rights Commission
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...

, and provincial human rights laws and legislation.

The issue of human rights in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 has not attracted significant controversy relative to human rights issues in other countries. Most Canadians believe the country to be a strong proponent and positive model of human rights for the rest of the world. For example, in 2005, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 became the fourth country in the world to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act
Civil Marriage Act
The Civil Marriage Act was legislation legalizing same-sex marriage across Canada...

.

Canada does have to deal with some issues of human rights abuses that have attracted condemnation from international bodies, such as the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

. For example, some provinces still allow the use of religiously segregated schools. The treatment of Canada's First Nations
First Nations
First Nations is a term that collectively refers to various Aboriginal peoples in Canada who are neither Inuit nor Métis. There are currently over 630 recognised First Nations governments or bands spread across Canada, roughly half of which are in the provinces of Ontario and British Columbia. The...

 people or Aboriginal Canadians
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....

 and the disabled
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...

 also continues to attract criticism.

History

Human rights concerns the private rights and power of people. This typically has broad meaning, covering all human rights protected under the law outside of the criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...

 context. Civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 primarily gravitates around issues such as discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

, accommodation, suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...

 (voting), and to a lesser extent, property rights. Human rights are primarily protected under the federal and provincial Human Rights Acts in private context, and under the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

 where the state is a party to the matter.

Controversial human rights issues in Canada have included patient rights, freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...

, freedom of religion
Freedom of religion
Freedom of religion 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; the concept is generally recognized also to include the freedom to change religion or not to follow any...

, parents' rights, children's rights
Children's rights
Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education,...

, abortion rights vs rights of the unborn, minority rights
Minority rights
The term Minority Rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups...

, majority rights, rights of the disabled, aboriginal rights, tenant rights
Tenant rights
Tenant rights can either refer to the rights tenants enjoy by law, or to the movement to acquire such rights. Tenant rights generally seek to protect renters from landlord neglect and unfair eviction, as well as secure fair, affordable housing....

 and economic, social and political rights.

From the 19th century to the advent of the Canadian Bill of Rights
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...

 and the first provincial Human Rights Act, the laws of Canada and the provinces did not provide much in the way of civil rights and it was typically of limited concern to the courts. This is not to say that Canadians did not have rights. However, there was no enumerated list of rights which citizens could use to press a claim against the state, as in the American Bill of Rights or the French Declaration of the Rights of Man. Instead Canadian law followed British tradition in which the (unenumerated) "Rights of Englishmen
Rights of Englishmen
The rights of Englishmen are the perceived traditional rights of British subjects. The notion refers to various constitutional documents that were created throughout various stages of English history, such as Magna Carta, the Declaration of Right , and others...

" have traditionally been defended all the branches of the state (the courts, the parliament, and the Crown) collectively and sometimes in competition with each other. In Canada this concept was interpreted in light of Canadian federalism, where the courts frequently prevented provincial legislatures from legislating in ways that impinged on individual rights, leaving that power only with the federal parliament. This concept is know at the "Implied Bill of Rights
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...

".

During this early period there were a number legal cases arising from discriminatory or repressive conduct. The courts typically dealt with these cases strictly as a matter of law with no explicit consideration to the social element of the matter.

The earliest cases typically turned on the question of constitutional jurisdiction of the law. In Union Colliery Co. of British Columbia v. Bryden
Union Colliery Co. of British Columbia v. Bryden
Union Colliery Co. of British Columbia v. Bryden, [1899] A.C. 580 is a famous 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.Bryden was a shareholder in...

 (1899), Bryen, a shareholder in Union Colliery, accused the company of violating the provincial Mining Act which prohibited the hiring of "Chinamen". The company successfully challenged the constitutionality of the Act on the grounds that it legislated on a matter that was in federal jurisdiction. In Cunningham v. Homma
Cunningham v. Homma
Cunningham v. Homma [1903] A.C. 151, C.C.S. 45, is a famous decision of the Judicial Committee of the Privy Council that upheld a British Columbia law that prohibited Chinese Canadians from voting....

 (1903), the provincial law prohibiting people of Japanese descent from voting was found to be constitutional on the basis that it was a matter within the province's jurisdiction to legislate on. Similarly, in the case of Quong Wing v. R.
Quong Wing v. R.
Quong Wing v. The King is a famous Supreme Court of Canada decision where the Court upheld a provincial law that discriminated against the Chinese....

 (1914), the Saskatchewan law prohibiting the hiring of white women by businesses owned by "Chinamen" was constitutionally valid as a matter of jurisdiction.

In the 1938 decision of Reference re Alberta Statutes
Reference re Alberta Statutes
Reference re Alberta Statutes [1938] S.C.R. 100, also known as the Alberta Press case and the Alberta Press Act Reference, is a landmark reference of the Supreme Court of Canada where several provincial laws restricting the press were struck down and the existence of an implied bill of rights...

, the Supreme Court of Canada first recognized an implied bill of rights
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 Court had struck down an Albertan law that prohibited the press from criticizing the government. In Reference re Persons of Japanese Race
Reference re Persons of Japanese Race
Reference re Persons of Japanese Race [1946] S.C.R. 248 is a famous decision of the Supreme Court of Canada where the Court upheld a government order to deport Canadian citizens of Japanese descent.-Background:...

 (1946), the Supreme Court of Canada upheld a government order to deport Canadian citizens of Japanese descent. However, in dissent, two justices invoked the implied bill of rights as a valid basis for invalidating the law.

In Noble v. Alley
Noble v. Alley
Noble v. Alley [1951] S.C.R. 64 is a famous Supreme Court of Canada decision where the Court struck down a restrictive covenant that restricted ownership of a section of land to "persons of the white or Caucasian race"....

 (1955), the Supreme Court of Canada refused to enforce a restrictive covenant prohibiting the sale of land to those of Jewish descent on the basis that it was too vague.

Beginning in 1947, the provinces began adopting human rights legislation: the Saskatchewan Bill of Rights
Saskatchewan Bill of Rights
In 1947, a year before the United Nations General Assembly adopted the Universal Declaration of Human Rights, Saskatchewan passed into law a bill of rights which was, and continues to be, unique.-Features of the Bill:...

 (1947), 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
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally 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 victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...

.

First Nations in colonial period

There has long been controversy over the actions of the British
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 and early Canadians in relation excessive hunting and desecration of Native lands. There have also been many accusations of coercion and deceit on the part of the Canadian government in the signing of land contracts.

World War I treatment of Ukrainian Canadians

Ukrainian Canadians were treated as enemy aliens during World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

. They were forced to do heavy labour for the profit of their jailers, interned in 24 Canadian concentration camps, lost whatever wealth they may have had (some was returned, but some remained in government coffers), were subjected to restrictions of their freedom of association, movement and speech, suffered disenfranchisement (1917) and other state-sanctioned censures, solely due to their ancestry. A campaign aimed at securing recognition of this historical episode in Canadian history, spearheaded by the Ukrainian Canadian Civil Liberties Association (www.uccla.ca), resulted in a 2008 settlement with the Government of Canada and the establishment of the Canadian First World War Internment Recognition Fund (www.internmentcanada.ca).

Chinese Head Tax and Chinese Immigration Act of 1923

The Chinese head tax was a fixed fee charged for each Chinese person entering Canada. The head tax was first levied after the Canadian Government passed the Chinese Immigration Act of 1885. It was meant to discourage Chinese from entering Canada after the completion of the Canadian Pacific Railway. The head tax was ended by the Chinese Immigration Act of 1923, which stopped Chinese immigration except for business people, clergy, educators, students and other categories. Immigration from most countries was controlled or restricted in some way, but only the Chinese were so completely prohibited from immigrating.

World War II treatment of Japanese Canadians

Japanese Canadians
Japanese Canadians
Japanese Canadians are Canadians of Japanese ancestry, and are mostly concentrated on the west coast, and central Canada, especially in and around Vancouver and Toronto. In 2006, there were 98,900 .- Generations :...

 were interned during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

, their property confiscated.

Cold War forced relocation

In the early 1950s and in the context of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

, the federal government forcibly relocated 87 Inuit
Inuit
The Inuit are a group of culturally similar indigenous peoples inhabiting the Arctic regions of Canada , Denmark , Russia and the United States . Inuit means “the people” in the Inuktitut language...

 citizens to the High Arctic
Arctic
The Arctic is a region located at the northern-most part of the Earth. The Arctic consists of the Arctic Ocean and parts of Canada, Russia, Greenland, the United States, Norway, Sweden, Finland, and Iceland. The Arctic region consists of a vast, ice-covered ocean, surrounded by treeless permafrost...

 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
Nunavik
Nunavik comprises the northern third of the province of Quebec, Canada. Covering a land area of 443,684.71 km² north of the 55th parallel, it is the homeland of the Inuit of Quebec...

 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
Royal Commission on Aboriginal Peoples
The Royal Commission on Aboriginal Peoples was a Canadian Royal Commission established in 1991 to address many issues of aboriginal status that had come to light with recent events such as the Oka Crisis and the Meech Lake Accord. The commission culminated in a final report of 4000 pages,...

 issued The High Arctic Relocation: A Report on the 1953-55 Relocation. The government paid compensation but has not apologised.

PROFUNC

PROFUNC
PROFUNC
PROFUNC , which stands for "PROminent FUNCtionaries of the communist party", was a Government of Canada top secret plan to identify and intern Canadian communists and crypto-communists during the height of the Cold War.-History:...

 (1950 - 1983), which stands for "PROminent FUNCtionaries of the communist party
Communist party
A political party described as a Communist party includes those that advocate the application of the social principles of communism through a communist form of government...

", was a Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...

 third rail
Third rail (metaphor)
The phrase third rail is a metaphor in politics to denote an idea or topic that is so "charged" and "untouchable" that any politician or public official who dares to broach the subject would invariably suffer politically.-Denotation:...

 top secret
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...

 plan to identify and intern
Civilian Internee
Civilian Internee is a special status of a prisoner under the Fourth Geneva Convention. Civilian Internees are civilians who are detained by a party to a war for security reasons...

 Canadian communists
Communism
Communism is a social, political and economic ideology that aims at the establishment of a classless, moneyless, revolutionary and stateless socialist society structured upon common ownership of the means of production...

 and crypto-communists
Crypto-communism
Crypto-communism is a pejorative term implying a secret support for, or admiration of, communism. The term is used to imply that an individual or group keeps this support or admiration hidden to avoid political persecution or political suicide.- See also :...

 during the height of the Cold War
Canada in the Cold War
Canada played a middle power, and occasionally an important, role in the Cold War. Throughout the US/Soviet rivalry, Canada was normally on the side of the United States...

.

Residential schools

Until the mid-twentieth century, many of Canada's native communities were forced to send their children away from home to boarding school
Boarding school
A boarding school is a school where some or all pupils study and live during the school year with their fellow students and possibly teachers and/or administrators. The word 'boarding' is used in the sense of "bed and board," i.e., lodging and meals...

s run by religious establishments, or, later, the predecessors to the federal department now known as Indian and Northern Affairs Canada
Indian and Northern Affairs Canada
The Department of Aboriginal Affairs and Northern Development is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples...

. Abuses at these schools were widespread. Prime Minister Stephen Harper
Stephen Harper
Stephen Joseph Harper is the 22nd and current Prime Minister of Canada and leader of the Conservative Party. Harper became prime minister when his party formed a minority government after the 2006 federal election...

 apologized in June 2008 for previous governments' roles in their administration, and the Indian Residential Schools Truth and Reconciliation Commission
Indian Residential Schools Truth and Reconciliation Commission
The Indian Residential Schools Truth and Reconciliation Commission is an impending truth commission organized by the parties to the Indian Residential Schools Settlement Agreement. The commission is part of an overall holistic and comprehensive response to the Indian residential school legacy...

 has been set up to create a record of what happened.

Separate Schools

Some Canadian provinces, including Ontario and Alberta, continue to operate separate and publicly funded schools that allegedly discriminate by religion, although students attending these schools need not be Roman Catholic by faith. In Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 these are usually Roman Catholic schools which are run parallel to the public school system that historically had been either Protestant or Roman Catholic, but which in recent years has become secular. In addition to Roman Catholic school boards, Alberta and Ontario each have one Protestant separate school district.

On November 5, 1999 the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 Human Rights Committee
Human Rights Committee
The United Nations Human Rights Committee is a United Nations body of 18 experts that meets three times a year for four-week sessions to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights,...

 condemned Canada and Ontario for having violated the equality provisions (Article 26) of the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...

. The Committee restated its concerns on November 2, 2005, when it published its Concluding Observations regarding Canada's fifth periodic report under the Covenant. The Committee observed that Canada had failed to "adopt steps in order to eliminate discrimination on the basis of religion in the funding of schools in Ontario."

Bill 101 in Quebec

Bill 101 in Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....

 is a collection of laws instituted in order to propagate the French language
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...

 and severely restricted the use of English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

. 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 certain language."

See also

  • Women's rights in Canada
    Women's rights in Canada
    The history of feminism in Canada has been a gradual struggle aimed at establishing equal rights between women and men.- Role of women in World War I :...

  • LGBT rights in Canada
  • Section Fifteen of the Canadian Charter of Rights and Freedoms
    Section Fifteen of the Canadian Charter of Rights and Freedoms
    Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...

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