Search for "Civil Rights"

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Voting Rights

The right to vote in Canada has not been straightforward. Race, ethnicity, and gender were often factors in determining who had the right to vote, a right that, once earned, could be taken away. Learn about the complicated history of Voting Rights in Canada.

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Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens; the other two are constitutional law and criminal law. (See also Rule of Law.) Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

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Constitution Act, 1982

The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. It also enshrined the Charter of Rights and Freedoms in Canada’s Constitution, the highest law of the land. The Act was passed after a fierce, 18-month political and legal struggle that dominated headlines and the agendas of every government in the country. (See Patriation of the Constitution.)

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Internment of Japanese Canadians

The forcible expulsion and confinement of Japanese Canadians during the Second World War is one of the most tragic sets of events in Canada’s history. Some 21,000 Japanese Canadians were taken from their homes on Canada’s West Coast, without any charge or due process. Beginning 24 February 1942, around 12,000 of them were exiled to remote areas of British Columbia and elsewhere. The federal government stripped them of their property and pressured many of them to accept mass deportation after the war. Those who remained were not allowed to return to the West Coast until 1 April 1949. In 1988, the federal government officially apologized for its treatment of Japanese Canadians. A redress payment of $21,000 was made to each survivor, and more than $12 million was allocated to a community fund and human rights projects.

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Ottawa Ordered to Compensate First Nations Children in On-Reserve Child Welfare System

The Canadian Human Rights Tribunal issued a ruling that called for the federal government to pay $40,000 to each child who was taken from their home on reserve since 1 January 2006, regardless of the reason. The tribunal’s ruling stated, “Canada was aware of the discrimination and of some of its serious consequences… Canada focused on financial considerations rather than on the best interests of First Nations children and respecting their human rights.” About 50,000 children were affected, making the total cost around $2 billion. (See also: Canadian Human Rights Act.)

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Emily Murphy

Emily Murphy (née Ferguson, pen name Janey Canuck), writer, journalist, magistrate, political and legal reformer (born 14 March 1868 in Cookstown, ON; died 27 October 1933 in Edmonton, AB). Emily Murphy was the first woman magistrate in the British Empire. She was also one of the Famous Five behind the Persons Case, the successful campaign to have women declared persons in the eyes of British law. A self-described rebel, she was an outspoken feminist and suffragist and a controversial figure. Her views on immigration and eugenics have been criticized as racist and elitist. She was named a Person of National Historic Significance in 1958 and an honorary senator in 2009.

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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.

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Fenians

Fenians were members of a mid-19th century movement to secure Ireland’s independence from Britain. They were a secret, outlawed organization in the British Empire, where they were known as the Irish Republican Brotherhood. They operated freely and openly in the United States as the Fenian Brotherhood. Eventually, both wings became known as the Fenians. They launched a series of armed raids into Canadian territory between 1866 and 1871. The movement was primarily based in the United States, but it had a significant presence in Canada.

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Quebec Superior Court Rules Parts of MAID Laws are Unconstitutional

A Quebec Superior Court judge ruled that both federal and provincial laws governing medical assistance in dying (MAID) are unconstitutional. Since the assistance is only available to people facing “reasonably foreseeable death,” the laws were deemed too restrictive. Justice Christine Baudouin ruled that the laws violate Section 7 of the Charter of Rights and Freedoms, as well as the right to equality, because “The reasonably foreseeable natural death requirement deprives both individuals and claimants of their autonomy and their choice to end their lives at the time and in the manner desired.” Both governments were given six months to revise the law.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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John Humphrey

John Thomas Peters Humphrey, OC, lawyer, diplomat, scholar (born 30 April 1905 in Hampton, NB; died 14 Mar 1995 in Montreal, QC). John Humphrey was the director of the United Nations Human Rights Division from 1946 to 1966. He was instrumental in drafting the United Nations Universal Declaration of Human Rights in 1948. He also taught law and briefly served as dean at McGill University. He was made an Officer of the Order of Canada in 1974 and received the United Nations Prize for human rights advocacy in 1988.

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Internment in Canada

Internment is the forcible confinement or detention of a person during wartime. Large-scale internment operations were carried out by the Canadian government during the First World War and the Second World War. In both cases, the War Measures Act was invoked. This gave the government the authority to deny people’s civil liberties, notably habeas corpus (the right to a fair trial before detention). People were held in camps across the country. More than 8,500 people were interned during the First World War and as many as 24,000 during the Second World War — including some 12,000 Japanese Canadians.

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Battle of Ridgeway

The Battle of Ridgeway is also known as the Battle of Lime Ridge or Limestone Ridge. It was fought on the morning of 2 June 1866, near the village of Ridgeway and the town of Fort Erie in Canada West (present-day Ontario). Around 850 Canadian soldiers clashed with 750 to 800 Fenians — Irish American insurgents who had crossed the Niagara River from Buffalo, New York. It was the first industrial-era battle to be fought exclusively by Canadian troops and led entirely by Canadian officers. It was the last battle fought in Ontario against a foreign invasion force. The battlefield was designated a National Historic Site in 1921.

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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.

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Fenian Raids

The Fenians were a secret society of Irish patriots who had emigrated from Ireland to the United States. Some members of this movement tried to take Canadian territory by force, so they could exchange it with Britain for Irish independence. From 1866 to 1871, the Fenians launched several small, armed attacks. Each raid was put down by government forces. Dozens were killed and wounded on both sides. The raids revealed shortfalls in the leadership, structure and training of the Canadian militia, and led to improvements in these areas. The raids also took place at a time of growing concern over the threat posed by American military and economic might. This led to increased support for Confederation.

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Quebec Will Make Immigrants Take “Values Test”

Quebec’s CAQ government unveiled examples of questions from its new “values test,” which prospective immigrants will be required to take beginning 1 January 2020. New immigrants will have 90 minutes to take the 20-question test and must score at least 75 per cent to pass. Quebec Premier François Legault said, “If you compare our test to the test that already exists in Canada about knowing Canada, it’s not very different. I think it’s important in Quebec because we are a nation, we are a distinct society, we have our values, we have our charter.” However, Quebec Liberal leader Pierre Arcand said, “the question for us is how necessary it is at this particular stage. This values test doesn’t seem to serve any need right now.”

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Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the law as unconstitutional. Since then, abortion has been legal at any stage in a woman’s pregnancy. Abortion is publicly funded as a medical procedure under the Canada Health Act. (See Health Policy.) However, access to abortion services differs across the country. Despite its legalization, abortion remains one of the most divisive political issues of our time.

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Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.