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Article

Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

Article

Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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.

Editorial

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

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.

Article

Social Conditions of Indigenous Peoples in Canada

Social conditions, including health, income, education, employment and community, contribute to the well-being of all people. Among the Indigenous population in Canada (i.e., First Nations, Métis and Inuit peoples), social conditions have been impacted by the dispossession of cultural traditions, social inequities, prejudice and discrimination. Social conditions also vary greatly according to factors such as place of residence, income level, and family and cultural factors. While progress with respect to social conditions is being achieved, gaps between the social and economic conditions of Indigenous people and non-Indigenous people in Canada persist.

Macleans

Fetal Rights Issue Raised

This article was originally published in Maclean’s magazine on August 19, 1996. Partner content is not updated.

When Venus Carter realized she was pregnant with her fourth child, she knew it was time to confront her 15-year addiction to crack cocaine. Her three other children, although physically unharmed by her habit, had already been removed from her Toronto home by children's aid officials.

Macleans

Gay Rights Upheld in Alberta

This article was originally published in Maclean’s magazine on April 13, 1998. Partner content is not updated.

Delwin Vriend never set out to be a gay-rights poster boy. Last week, the 32-year-old computer technologist at the University of Alberta in Edmonton sounded drained by his seven-year battle with the Alberta government over its unwillingness to provide equal rights to gays and lesbians.

Article

Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 was enacted by the United States Congress on 18 September 1850. It extended the reach of the institution of slavery into the free Northern states, stating that refugees from enslavement living there could be returned to enslavement in the South once captured. The Act led thousands of freedom-seekers to take refuge in Canada. It was repealed 28 June 1864.

Article

Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

Article

Inuit High Arctic Relocations in Canada

In 1953 and 1955, the Royal Canadian Mounted Police, acting as representatives of the Department of Resources and Development, moved approximately 92 Inuit from Inukjuak, formerly called Port Harrison, in Northern Quebec, and Mittimatalik (Pond Inlet), in what is now Nunavut, to settle two locations on the High Arctic islands. It has been argued that the Government of Canada ordered the relocations to establish Canadian sovereignty in the Arctic, and proposed to Inuit the move, promising improved living conditions. The Inuit were assured plentiful wildlife, but soon discovered that they had been misled, and endured hardships. The effects have lingered for generations. The Inuit High Arctic relocations are often referred to as a “dark chapter” in Canadian history, and an example of how the federal government forced changes that fundamentally affected (and continue to affect) Inuit lives.

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.

Article

Indigenous Suffrage

From the colonial era to the present, the Canadian electoral system has evolved in ways that have affected Indigenous suffrage (the right to vote in public elections). Voting is a hallmark of Canadian citizenship, but not all Indigenous groups (particularly status Indians) have been given this historic right due to political, socio-economic and ethnic restrictions. Today, Canada’s Indigenous peoples — defined in Section 35 (2) of the Constitution Act, 1982 as Indians (First Nations), Métis and Inuit — can vote in federal, provincial, territorial and local elections.

Article

Indigenous Women and the Franchise

The context for Indigenous women and the franchise has been framed by colonialism as much as by gender discrimination. Indigenous women (First NationsMétis, and Inuit) have gained the right to vote at different times in Canadian history. The process has been connected to enfranchisement — both voluntary and involuntary — which means that Indigenous women were afforded political participation and Canadian citizenship rights at the cost of Indigenous rights (see Indigenous Suffrage).

Article

Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. Human rights as we understand them today are a relatively modern concept. All human rights are indivisible, interrelated and interdependent. None has automatic precedence over any other. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress. Human rights are an important part of the social fabric of Canadian society. Canadians have also played a role in the evolution of human rights on the international stage.

Article

Everett Klippert Case

Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.

Article

Keegstra Case

Jim Keegstra was a secondary school teacher in rural Alberta who taught anti-Semitic propaganda to his students. He was charged with a hate crime in 1984 and was found guilty in 1985. However, Keegstra launched repeated appeals arguing that the Criminal Code violated his constitutionally guaranteed freedom of expression. The landmark case (R. v. Keegstra) tested the balance between the right to freedom of speech outlined in the Canadian Charter of Rights and Freedoms and the law’s limits on hate speech stipulated in the Criminal Code. The case came before the Supreme Court of Canada in 1990 and 1996. The Court ultimately ruled against Keegstra by deciding that Canada’s hate laws imposed a “reasonable limit” on a person’s freedom of expression.