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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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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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Rights Revolution in Canada

The time between the end of the Second World War and the signing of the Canadian Charter of Rights and Freedoms in 1982 is often referred to as the Rights Revolution in Canada. During this period, awareness of and support for human rights increased. At the grassroots level, women, queer communities, Indigenous peoples, and disability activists pushed for greater inclusion and made significant rights gains. At the same time, both federal and provincial governments passed laws that prohibited discrimination and protected human rights for more people across Canada.

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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.

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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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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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Saskatchewan Bill of Rights

The Saskatchewan Bill of Rights came into force on 1 May 1947. Written primarily by lawyer and human rights advocate Morris Shumiatcher, it was enacted by the CCF government led by Premier Tommy Douglas. While critics have debated its efficacy, it remains important because it was Canada’s first bill of rights; it predated the Canadian Bill of Rights (1960), Quebec’s Charter of Human Rights and Freedoms (1975) and the Canadian Charter of Rights and Freedoms (1982).

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Ted King

Theodore “Ted” Stanley King, civil rights activist, real estate broker, accountant, railway porter (born 14 July 1925 in Calgary; died 7 July 2001 in Surrey, BC). Ted King was the president of the Alberta Association for the Advancement of Coloured People from 1958 to 1961, where he advocated for the rights of Black Canadians. In 1959, King launched a legal challenge against a Calgary motel’s discriminatory policy, decades before human rights protections existed throughout Canada. The case made it to the Alberta Supreme Court. Though it was not successful, King’s case exposed legal loopholes innkeepers exploited in order to deny lodging to Black patrons.

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Canadian Human Rights Act

The Canadian Human Rights Act, created in 1977, is designed to ensure equality of opportunity. It prohibits discrimination on the basis of race, age, sex and a variety of other categories. The Act produced two human rights bodies: the Canadian Human Rights Commission and, through a 1985 amendment, the Human Rights Tribunal Panel (it became the Canadian Human Rights Tribunal in 1998). Decisions of both the Commission and the Tribunal can be appealed to the Federal Court of Canada. Unlike the Charter of Rights and Freedoms, which provides Canadians with a broad range of rights, the Canadian Human Rights Act covers only equality rights. It also governs only federal jurisdictions. Each province and territory in Canada has its own human rights legislation, which apply to local entities such as schools and hospitals.

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

timeline event

Viola Desmond $10 Bill Named Best Banknote in the World

Canada’s new vertically designed $10 bill, featuring civil liberties trailblazer Viola Desmond on the front and the Canadian Museum for Human Rights on the back, received the 2018 Bank Note of the Year Award from the International Bank Note Society. It was the first such award a Canadian banknote had won since the $20 bill released as part of the “Canadian journey” series won the inaugural Bank Note of the Year Award in 2004. (See also Women on Canadian Banknotes.)

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Citizenship

This page brings together resources on Canadian citizenship and civics. It is meant to provide readers with knowledge of how the Canadian political system came to be and how it works today. This collection is also designed to help those studying for Canada's citizenship test, or for those taking part in Historica Canada’s Citizenship Challenge program.

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.