1. Human Rights in Canada

2. 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

3. “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.

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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