Chapter 3

Human Rights
90
in Canada
 Basic Definitions
Human rights: rights that protect people
from unfair treatment by other individuals
and governments

90
Discrimination: treating individuals
unfairly or differently because of
characteristics such as race, sex, religion,
age, disability or sexual orientation
 Women's Rights
• At the time of Confederation, women in
Canada did not have the same rights as
men and were not treated equally.
• Women could not vote and most stayed
home in domestic90 roles, taking care of
husband and children.
• Near the end of the 19th century, attitudes
began to change slowly as small groups
of feminists fought for suffrage.
 A few more definitions
Suffrage: the right to vote in political
elections, also known as franchise

Feminist: a person who believes in the

social, economic,90and political equality of
the sexes
 Women's Rights Evolve
World War I (1914–1918): thousands of
Canadian women worked on farms and in
factories while men fought in Europe; by the end
of WWI all women had gained the right to vote in
federal elections.
90
Agnes Macphail (1921): the first woman to be
elected to the House of Commons.

Persons Case (1929): led by female judge Emily

Murphy, women finally gained legal recognition as
"persons" in Canada.
 Women’s Rights contd…
World War II (1939-1945): more than 1
million women enter the workforce to help
with the war effort (e.g. munitions factories)
and nearly 50,000 women join the military
but not in combat roles.
90

Canadian Bill of Rights (1960): stated that it was

illegal to discriminate based on gender

Charter of Rights and Freedoms (1982): equal

rights for women now a constitutional right
 Current Women's Issues
• Despite the many advances in women's
rights, women still face the following
issues in our society:

• Pay equity – equal pay for equal work

90
• Sexual harassment – unwelcome actions of
a sexual nature toward another person; a
significant issue for women in the workplace
• Employment equity – treating employees
equally based on their ability to perform the
job and being impartial to characteristics
such as gender and race
 Aboriginal Rights - History
• When Europeans began settling in North
America during the 1600s, they formed
partnerships with First Nations
communities.
• First Nations –90a term used to recognize
Aboriginal peoples as belonging to
distinct cultural groups with sovereign
rights based on being the first people in
Canada
Aboriginal Rights - History contd…
• In 1867, European immigrants were arriving in
Canada.
• From 1867–1921, Aboriginal peoples were
forced from their land and onto reserves.
• Attempts were made to "assimilate" them into
European-Canadian culture.
90
• In 1868, the first Indian Act was passed which
rejected Aboriginal self-government and
methods of justice.
• Aboriginal children were separated from their
parents and forced to attend English residential
schools, where many were physically, sexually,
and emotionally abused.
 Important Legal Decisions
• 1973: The Supreme Court ruled that Aboriginal
peoples could claim "title" over land that they
had occupied; this decision has led to many land
claims settlements over the years.
• 1997: The Supreme Court established a test to
prove Aboriginal title:
90 if Aboriginal peoples could
prove that they occupied land exclusively before
Britain's involvement, they had the right to claim
"title"; this decision has helped Aboriginal
peoples with demands in treaty negotiations.
• ***Calder v. Attorney-General of British Columbia, 1973
• ***Delgamuukw v. British Columbia, 1997
 The Constitution
• The Canadian Charter of Rights and Freedoms
recognizes Aboriginal rights, but is not specific
when it comes to issues such as Aboriginal
peoples’ desire for self-government.
• An attempt to reform Canada’s Constitution by
the Mulroney government
90 failed in 1990. Elijah
Harper, a Cree politician in Manitoba, helped
defeat the Meech Lake Accord by voting
against it because it did not recognize First
Nations peoples as "founding members" of
Canada.
 Aboriginal Issues Today
• Despite gains in Aboriginal and treaty
rights, First Nations communities still
have many issues:

1. Poverty – a widespread problem in Aboriginal

peoples’ communities
90 along with generally poor
education
2. Social and health issues – includes high rates of
alcoholism, drug addiction and youth suicide
3. Outstanding land claims – settling these claims could
be very costly for federal and provincial governments.
4. Desire for self-government – a traditional right of
Aboriginal peoples that was taken away by the first
Indian Act
 Immigration
• Since 1867, Canada has been built by
wave upon wave of immigrants.
• 1971 – PM Trudeau proclaimed
multiculturalism as an official policy
• Until the 1960s,90Canada's immigration
laws were selective in who they allowed
to enter the country.
• Certain ethnic groups who were allowed
in did not gain equality for many years.
 A Look At The Past
• In the early 1880s, Canada's first national
railroad was being built (CPR).
• Nearly 10,000 labourers came from China to
work on the railroad and were paid half as much
as white workers.
• Once the CPR was finished in 1885, a head tax
90
of $50 was imposed on any Chinese person
entering Canada.
• The tax was meant to discourage Chinese
immigration and in 1903 was increased to $500.
• British Columbia also barred Asian people from
certain professions and did not allow them to
vote.
 Selective Immigration and
Legislation
• From 1885 to the post-WWII period, Canadian
governments have used legislation and
policies to discriminate against certain ethnic
groups.
1. 1885, 1903 – Chinese Head Tax
2. 1908 – Laurier government regulation that
immigrants must90travel to Canada in a
"direct continuous passage" (excluded Asia,
Africa)
3. 1910 – Immigration Act gave government the
power to reject "immigrants belonging to any
race deemed unsuitable" for Canada
4. 1914 – War Measures Act allowed the Borden
government to classify Ukrainian-Canadians
as "enemy aliens" and they were confined.
Government Legislation contd…

5. 1941 – Following the Japanese attack on

Pearl Harbour, Canada declared that
Japanese-Canadians were also "enemy
aliens" and sent to internment camps; men
were separated from their families and their
property was auctioned off by the government.
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6. WWII – Canada refuses entry to thousands of
Jewish refugees escaping persecution in Nazi
Germany.
7. 1947 – Mackenzie King encourages
immigration, but focuses on "desirable future
citizens" (Europeans)
8. 1967 – Pearson's government introduces the
first colour-blind immigration policy.
 Immigrating to Canada
• In 1976, the Trudeau government introduced a
new Immigration Act with a points system.
• The new system reviewed an applicant's various
skills, personal qualities, and level of education.
• As a result, Canada has become very
multicultural over the years, particularly in cities.
90
• In 2001, the Chretien government passed the
Immigration and Refugee Protection Act. Its
objectives included:
– Curbing abuse of the immigration system
– Increasing screening to identify suspected criminals
– Strengthening obligations for immigrants to have
sponsors; new criteria to attract highly skilled
immigrants
 Gay Men & Lesbians
• Homosexuality was a crime in Canada until it
was removed from the Criminal Code in 1967 by
Pierre Trudeau, who was Justice Minister in
Pearson's government.
• "There's no place for the state in the bedrooms
of the nation." – Trudeau
90
• In 1996, the federal government added "sexual
orientation" to the Canadian Human Rights Act
to protect gays and lesbians from discrimination
in federal matters.
• In 1999, the Supreme Court ruled that same-sex
couples have the same rights as opposite-sex
couples. ***M. v. H., 1999
 Same-Sex Marriage
• In 2002, many same-sex couples challenged the
legal definition of marriage (between a man and
a woman, excluding all others).
• They successfully argued that they were being
denied their equality rights based on their sexual
orientation. 90
• In 2005, the Martin government changed the
traditional definition of marriage and introduced
the Civil Marriage Act, which defines marriage
as a union between "two persons".
 People With Disabilities
• The following are considered to be legal
disabilities in Ontario:
– brain injuries, mental illness, physical disabilities
– blindness, deafness, obesity
– epilepsy, behavioural and learning problems
– substance abuse, developmental
90 disabilities

• Historically, people with disabilities have been

marginalized. Since the 1980s, there has been
an emphasis in Canada to include people with
disabilities in society so they can live with
dignity.
People With Disabilities Today
• Despite the progress that has been
achieved over the years for people with
disabilities, there are still many issues:
1. Schools – many still cannot meet the needs of students
who have physical or developmental disabilities,
especially in older buildings
90
2. Workplaces – many businesses and government
buildings still do not provide complete access to people
with disabilities (e.g. wheelchair ramps are not
mandatory)
***It often takes a formal human rights complaint to be filed
before any action is taken.
 Prejudice & Stereotyping
Prejudice: a preconceived opinion of a
person based on that person belonging to
a certain group

Stereotyping: forming
90 an opinion of one
person of a group and applying that
judgment to all members of that group

• Although prejudice and stereotyping are not

illegal, they often lead to acts of discrimination,
which violate human rights laws and the Charter
of Rights and Freedoms.
 Discrimination
• A person or party that claims they have been
discriminated against is the complainant, and
the person or party that allegedly acted in a
discriminatory manner is the respondent.
• There are various types of discrimination:
– Intentional: treating90others unfairly based on prejudicial
factors such as race, religion, or gender
– Unintentional: seemingly neutral or innocent actions
that still discriminate against a particular group
– Bona fide occupational requirement: a possible
defence for employers against discrimination; they
must prove that an act of apparent discrimination was
necessary for a job (e.g. hiring only female counsellors
in an abused women's shelter)
 Human Rights Cases
• In addition to the Canadian Human
Rights Act and the Charter of Rights
and Freedoms, there are provincial
versions of human rights acts and
rights tribunals throughout Canada.
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How to Analyze a Human Rights Case
1. Is the matter a human rights issue?
2. Do federal or provincial human rights laws apply?
3. Is there discrimination evident?
4. Is there an attempt at providing reasonable
accommodation?
5. Is there a remedy under human rights law?
 Remedies
• If a complainant is found to have been the
victim of discrimination, there are a variety of
remedies which they may receive as
compensation:
– $$$ (damages, lost wages, mental anguish)
– Letter of apology 90
– Employers may have to rehire employees, or establish
anti-discrimination programs
• If a respondent refuses to provide the
compensation, they may face criminal charges
and/or fines.
• Tribunals have legal authority to impose
remedies (like courts).