Search for "Charter of Rights and Freedoms"

Displaying 1-6 of 6 results
Article

Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

Article

Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriateand amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

Article

Robert Pickton Case

Between 1978 and 2001, at least 65 women disappeared from Vancouver’s Downtown Eastside. Robert Pickton, who operated a pig farm in nearby Port Coquitlam, was charged with murdering 26 of the women. He was convicted on six charges and sentenced to life in prison. In a jail cell conversation with an undercover police officer, Pickton claimed to have murdered 49 women. The murders led to the largest serial killer investigation in Canadian history, and Pickton’s farm became the largest crime scene in Canadian history. The case became a flash point in the wider issue of missing and murdered Indigenous women and girls in Canada. In 2012, a provincial government inquiry into the case concluded that “blatant failures” by police — including inept criminal investigative work, compounded by police and societal prejudice against sex trade workers and Indigenous women ­— led to a “tragedy of epic proportions.”

This article contains sensitive material that may not be suitable for all audiences.

Article

Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

Article

Cod Moratorium of 1992

On 2 July 1992, the federal government banned cod fishing along Canada’s east coast. This moratorium ended nearly five centuries of cod fishing in Newfoundland and Labrador. Cod had played a central role in the province’s economy and culture.

The aim of the policy was to help restore cod stocks that had been depleted due to overfishing. Today, the cod population remains too low to support a full-scale fishery. For this reason, the ban is still largely in place.

Click here for definitions of key terms used in this article.

Article

Missing and Murdered Indigenous Women and Girls in Canada

Missing and murdered Indigenous women and girls in Canada (MMIWG) refers to a human rights crisis that has only recently become a topic of discussion within national media. Indigenous women and communities, women’s groups and international organizations have long called for action into the high and disproportionate rates of violence and the appalling numbers of missing and murdered Indigenous women and girls in Canada. Prior to the launch of the national public inquiry on 8 December 2015, these calls were continually ignored by the federal government. Described by some as a hidden crisis, Dawn Lavell-Harvard, former president of the Native Women’s Association of Canada, refers to MMIWG as a national tragedy and a national shame. In 2015, the Truth and Reconciliation Commission of Canada supported the call for a national public inquiry into the disproportionate victimization of Indigenous women and girls. The National Inquiry’s Final Report was completed and presented to the public on 3 June 2019.