Rights | The Canadian Encyclopedia

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  • Article

    Persons Case (Plain-Language Summary)

    The Persons Case was a constitutional ruling. It established the right of women to serve in the Senate. The case was started by the Famous Five. They were a group of women activists. In 1928, they objected to a Supreme Court of Canada ruling that women were not “persons.” As such, they were not allowed to serve in the Senate. The Famous Five challenged the law. In 1929, the decision was reversed. As a result, women were legally recognized as “persons.” They could no longer be denied rights based on a narrow reading of the law. (This article is a plain-language summary of the Persons Case. If you are interested in reading about this topic in more depth, please see the full-length entry.)

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  • Article

    Potlatch Ban

    From 1885 to 1951, the Indigenous ceremony known as the Potlatch was banned by the federal government of Canada. The government justified their decision to ban the Potlatch because they believed it was preventing the assimilation of Indigenous Peoples. Today, this ban is recognized as an aspect of cultural genocide (see Genocide and Indigenous Peoples in Canada). Though the Potlatch was illegal during this period of time, the ban was only ever sporadically enforced. This was in part a result of the vagueness of the wording of the law. The law was rewritten and prosecutions increased. In 1922, Indian agents, aided by police, arrested individuals who had participated in a Potlatch held in the community of ʼMimkwa̱mlis. They arrested 45 people. Ultimately, this resulted in imprisonment and the confiscation of hundreds of precious ceremonial objects.

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  • Article

    Powley Case

    R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

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  • Article

    Resource Rights

    Natural-resource development has played a major role in Canada's economy and continues to be a focus of national concerns.

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  • Article

    Social Justice

     With the arrival of INDUSTRIALIZATION over the course of the nineteenth century, early attempts to aid the poor were linked with ideas of moral and social reform and were intertwined with religion.

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  • Article

    Indigenous Peoples and Specific Claims

    Specific claims originate in First Nations’ grievances over outstanding treaty obligations, or the administration of Indigenous lands and assets under the Indian Act. Specific claims have been dealt with by several mechanisms since 1973. The Specific Claims Tribunal — an independent judicial body created by the federal government in 2009 — has the authority to make final and binding decisions.

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  • Article

    Student Rights

    Basically 2 sorts of rights apply to students: substantive rights - the actual rights that students should enjoy - and procedural rights - methods by which students claim their rights.

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  • Article

    Women's Suffrage in Canada

    Women’s suffrage (or franchise) is the right of women to vote in political elections; campaigns for this right generally included demand for the right to run for public office. The women’s suffrage movement was a decades-long struggle to address fundamental issues of equity and justice. Women in Canada, particularly Asian and Indigenous women, met strong resistance as they struggled for basic human rights, including suffrage. Representative of more than justice in politics, suffrage represented hopes for improvements in education, healthcare and employment as well as an end to violence against women. For non-white women, gaining the vote also meant fighting against racial injustices. (See also Women’s Suffrage Timeline.)

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  • Article

    Sustainability in Canada

    Sustainability is the ability of the biosphere, or of a certain resource or practice, to persist in a state of balance over the long term. The concept of sustainability also includes things humans can do to preserve such a balance. Sustainable development, for instance, pairs such actions with growth. It aims to meet the needs of the present while ensuring that future people will be able to meet their needs.

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    https://d3d0lqu00lnqvz.cloudfront.net/media/new_article_images/Sustainability/Planet_earth.jpg Sustainability in Canada
  • Article

    The 1969 Amendment and the (De)criminalization of Homosexuality

    From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

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    https://d3d0lqu00lnqvz.cloudfront.net/media/media/6483ddf2-6bee-4d0b-a2b1-142ae795176c.jpg The 1969 Amendment and the (De)criminalization of Homosexuality
  • Editorial

    The Life and Meaning of Everett Klippert

    The following article is an editorial written by The Canadian Encyclopedia staff. Editorials are not usually updated. Everett George Klippert (1926–1996) was a popular Calgary bus driver who was jailed for homosexuality from 1960 to 1964, and from 1965 to 1971. An unlikely martyr, he shunned the spotlight. Klippert was once described as “Canada’s most famous homosexual” due to his unjust prison sentences, which ultimately led to the decriminalization of homosexuality in Canada.

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    https://d3d0lqu00lnqvz.cloudfront.net/media/media/d5d0ce81-9f5e-4938-8c53-1fdaee0b6c39.jpg The Life and Meaning of Everett Klippert
  • Editorial

    Editorial: John Humphrey, Eleanor Roosevelt and the Universal Declaration of Human Rights

    The following article is an editorial written by The Canadian Encyclopedia staff. Editorials are not usually updated. In 1946, John Humphrey became director of the United Nations Division on Human Rights, and Eleanor Roosevelt was named the United States representative to the UN’s Commission on Human Rights. Humphrey was an obscure Canadian law professor. Roosevelt was the world’s most celebrated woman. For two years, they collaborated on the creation of one of the modern world’s great documents: the Universal Declaration of Human Rights. It was adopted on 10 December 1948.

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    https://d3d0lqu00lnqvz.cloudfront.net/media/media/6afcc1db-4a9a-4e2f-9a50-ad1981f54caf.jpg Editorial: John Humphrey, Eleanor Roosevelt and the Universal Declaration of Human Rights
  • Article

    Union Centrals, District and Regional

    Union Centrals, District and Regional, organizations which unite trade unions from different industries and occupations in the same city, province or region; usually formed in periods of intensifying industrial conflict, notably 1870-90, 1910-20 and 1935-50.

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  • Article

    Union Centrals, Quebec

    Quebec has 4 central labour unions: the Confederation of National Trade Unions, the Quebec Federation of Labour, the Quebec Labour Congress and the Congress of Democratic Trade Unions. The Quebec Federation of Labour is the largest trade union association in Quebec.

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  • Editorial

    Voting in Early Canada

    The following article is an editorial written by The Canadian Encyclopedia staff. Editorials are not usually updated. Before Confederation, elections were rowdy, highly competitive and even violent.

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    https://d3d0lqu00lnqvz.cloudfront.net/media/media/1e88decf-02d6-4b89-b522-383f360ecac4.jpg Voting in Early Canada