Human Rights in Canada

History Canada does not have a long history of Human Rights Protections Before WWII individual rights were mostly unprotected Attitudes changes after WWII Laws had allowed the deportation of thousands of Japanese Canadians Chinese Immigration Act retracted Chinese and East Indians Citizens given the right to vote Not till 1960 did First Nations people get to vote Voting right did not mean an end of racism

“all human beings are born free & equal in The United Nations UNIVERSAL DECLARATION OF HUMAN RIGHTS “all human beings are born free & equal in “dignity & rights” Most countries have agreed to these principles. Problem – the only power the UN has is ‘world attention.’ Not part of binding international law.

1960’s 1960’s – spirit of civil rights across the world MLK Jr., Gandhi 1960 PM Diefenbaker introduces the Canadian Bill of Rights Outlines the rights of Canadians but the bill was an act of parliament and therefore can be change It did not have the power to override any laws Not till 1982 did the Bill of Rights get solidified The Charter of Rights and Freedom and the Constitution Canadians to have the right to challenge the nation if they feel their rights are being infringed on

Charter of Rights and Freedom Fundamental Rights Section 2 Protects freedom of conscience, religion, thought, belief, expression, peaceful assembly and association Lord’s Day Act

Charter of Rights and Freedom Equality Rights Section 15 Guarantee equality “before and under the law” Fair trial, fair representation No part of the government can discriminate against a person based on sex, race, age, or mental or physical disability Eldridge et al. vs. Attorney General of British Columbia

Charter of Rights and Freedom Notwithstanding Clause Section 33 An escape clause for the government Allows the Gov't to pass laws even if it violates a specific right or freedom Some prov. felt that the power of the Charter limited their ability as lawmakers Back to work legislation Charter of the French Language Can only be for 5 years then the law must be reviewed/renewed

Human Rights Legislation Both the Federal and Provincial Government pass specific laws for specific cases of discrimination Canadian Human Rights Commission – deals with federal complaints Provincial Human Rights Code – deals with provincial complaints

Provincial Human Rights Employment Fair employment practices Pay, opportunity Tenancy Protects tenants Limits the relationship between tenant and landlord Accommodation, service or use of facilities Cannot be unfairly denied access Does hove two expectations Based on sex Insurance companies are allowed to look at physical, sex and mental health

Provincial Human Rights Hate Propaganda Protects people against hate No one can publish any material that is likely to expose a person or class of persons to hatred

Aboriginal Rights Canada has been really slow to recognize the rights of first nations people Although most of the discrimination against first nations people are gone the effects of years of discrimination are still begin felt Lavell vs. Regina Changed the definition of Status Indian

Gender Equality in the work place Canada does not rank high in gender equality Improvements in section 15 Women are often behind men in pay and opportunity Mostly part-time workers but lack benefits Society often view jobs done by women as lower than men’s Section 15 allows for Affirmative Action programs Reverse discrimination

Children’s Rights 1989 UN adopted the Convention on the Rights of Children Bind international agreements on rights of children Should not be separated from parents Rights to education – state is responsible for primary education Freedom of Expression In conflict children under 15 cannot take part Right to be protected by the state against economic and sexual exploitation

Children Rights in Canada Ministries established to protect To promote and protect healthy development Social workers given the power to remove children from harmful environments Canadian Coalition for the Rights of the Child Join effect by NGO and Gov’t to investigate the rights of children in Canada Poverty is the biggest problem for children in Canada Increasing number of children living the below the Statistics Canada Low-Income Cut-Off No real solutions