Human Rights in Canada

1. Human Rights in Canada Chapter 3

2. Basic Definitions Human rights: rights that protect people from unfair treatment by other individuals and governments Discrimination: treating individuals unfairly or differently because of characteristics such as race, sex, religion, age, disability or sexual orientation

3. Women's Rights • At the time of Confederation, women in Canada did not have the same rights as men and were not treated equally. • Women could not vote and most stayed home in domestic roles, taking care of husband and children. • Near the end of the 19th century, attitudes began to change slowly as small groups of feminists fought for suffrage.

4. A few more definitions Suffrage: the right to vote in political elections, also known as franchise Feminist: a person who believes in the social, economic, and political equality of the sexes

5. Women's Rights Evolve World War I(1914–1918): thousands of Canadian women worked on farms and in factories while men fought in Europe; by the end of WWI all women had gained the right to vote in federal elections. Agnes Macphail (1921): the first woman to be elected to the House of Commons. Persons Case (1929): led by female judge Emily Murphy, women finally gained legal recognition as "persons" in Canada.

6. Women’s Rights contd… World War II (1939-1945): more than 1 million women enter the workforce to help with the war effort (e.g. munitions factories) and nearly 50,000 women join the military but not in combat roles. Canadian Bill of Rights (1960): stated that it was illegal to discriminate based on gender Charter of Rights and Freedoms (1982): equal rights for women now a constitutional right

7. Current Women's Issues • Despite the many advances in women's rights, women still face the following issues in our society: • Pay equity – equal pay for equal work • Sexual harassment – unwelcome actions of a sexual nature toward another person; a significant issue for women in the workplace • Employment equity – treating employees equally based on their ability to perform the job and being impartial to characteristics such as gender and race

8. Aboriginal Rights - History • When Europeans began settling in North America during the 1600s, they formed partnerships with First Nations communities. • First Nations – a term used to recognize Aboriginal peoples as belonging to distinct cultural groups with sovereign rights based on being the first people in Canada

9. Aboriginal Rights - History contd… • In 1867, European immigrants were arriving in Canada. • From 1867–1921, Aboriginal peoples were forced from their land and onto reserves. • Attempts were made to "assimilate" them into European-Canadian culture. • In 1868, the first Indian Act was passed which rejected Aboriginal self-government and methods of justice. • Aboriginal children were separated from their parents and forced to attend English residential schools, where many were physically, sexually, and emotionally abused.

10. Important Legal Decisions • 1973: The Supreme Court ruled that Aboriginal peoples could claim "title" over land that they had occupied; this decision has led to many land claims settlements over the years. • 1997: The Supreme Court established a test to prove Aboriginal title: if Aboriginal peoples could prove that they occupied land exclusively before Britain's involvement, they had the right to claim "title"; this decision has helped Aboriginal peoples with demands in treaty negotiations. • ***Calder v. Attorney-General of British Columbia, 1973 • ***Delgamuukw v. British Columbia, 1997

11. The Constitution • The Canadian Charter of Rights and Freedoms recognizes Aboriginal rights, but is not specific when it comes to issues such as Aboriginal peoples’ desire for self-government. • An attempt to reform Canada’s Constitution by the Mulroney government failed in 1990. Elijah Harper, a Cree politician in Manitoba, helped defeat the Meech Lake Accord by voting against it because it did not recognize First Nations peoples as "founding members" of Canada.

12. Aboriginal Issues Today • Despite gains in Aboriginal and treaty rights, First Nations communities still have many issues: • Poverty – a widespread problem in Aboriginal peoples’ communities along with generally poor education • Social and health issues – includes high rates of alcoholism, drug addiction and youth suicide • Outstanding land claims – settling these claims could be very costly for federal and provincial governments. • Desire for self-government – a traditional right of Aboriginal peoples that was taken away by the first Indian Act

13. Immigration • Since 1867, Canada has been built by wave upon wave of immigrants. • 1971 – PM Trudeau proclaimed multiculturalism as an official policy • Until the 1960s, Canada's immigration laws were selective in who they allowed to enter the country. • Certain ethnic groups who were allowed in did not gain equality for many years.

14. A Look At The Past • In the early 1880s, Canada's first national railroad was being built (CPR). • Nearly 10,000 labourers came from China to work on the railroad and were paid half as much as white workers. • Once the CPR was finished in 1885, a head tax of $50 was imposed on any Chinese person entering Canada. • The tax was meant to discourage Chinese immigration and in 1903 was increased to $500. • British Columbia also barred Asian people from certain professions and did not allow them to vote.

15. Selective Immigration and Legislation • From 1885 to the post-WWII period, Canadian governments have used legislation and policies to discriminate against certain ethnic groups. • 1885, 1903 – Chinese Head Tax • 1908 – Laurier government regulation that immigrants must travel to Canada in a "direct continuous passage" (excluded Asia, Africa) • 1910 – Immigration Act gave government the power to reject "immigrants belonging to any race deemed unsuitable" for Canada • 1914 – War Measures Act allowed the Borden government to classify Ukrainian-Canadians as "enemy aliens" and they were confined.

16. Government Legislation contd… • 1941 – Following the Japanese attack on Pearl Harbour, Canada declared that Japanese-Canadians were also "enemy aliens" and sent to internment camps; men were separated from their families and their property was auctioned off by the government. • WWII – Canada refuses entry to thousands of Jewish refugees escaping persecution in Nazi Germany. 7. 1947 – Mackenzie King encourages immigration, but focuses on "desirable future citizens" (Europeans) 8. 1967 – Pearson's government introduces the first colour-blind immigration policy.

17. Immigrating to Canada • In 1976, the Trudeau government introduced a new Immigration Act with a points system. • The new system reviewed an applicant's various skills, personal qualities, and level of education. • As a result, Canada has become very multicultural over the years, particularly in cities. • In 2001, the Chretien government passed the Immigration and Refugee Protection Act. Its objectives included: • Curbing abuse of the immigration system • Increasing screening to identify suspected criminals • Strengthening obligations for immigrants to have sponsors; new criteria to attract highly skilled immigrants

18. Gay Men & Lesbians • Homosexuality was a crime in Canada until it was removed from the Criminal Code in 1967 by Pierre Trudeau, who was Justice Minister in Pearson's government. • "There's no place for the state in the bedrooms of the nation." – Trudeau • In 1996, the federal government added "sexual orientation" to the Canadian Human Rights Act to protect gays and lesbians from discrimination in federal matters. • In 1999, the Supreme Court ruled that same-sex couples have the same rights as opposite-sex couples. ***M. v. H., 1999

19. Same-Sex Marriage • In 2002, many same-sex couples challenged the legal definition of marriage (between a man and a woman, excluding all others). • They successfully argued that they were being denied their equality rights based on their sexual orientation. • In 2005, the Martin government changed the traditional definition of marriage and introduced the Civil Marriage Act, which defines marriage as a union between "two persons".

20. People With Disabilities • The following are considered to be legal disabilities in Ontario: • brain injuries, mental illness, physical disabilities • blindness, deafness, obesity • epilepsy, behavioural and learning problems • substance abuse, developmental disabilities • Historically, people with disabilities have been marginalized. Since the 1980s, there has been an emphasis in Canada to include people with disabilities in society so they can live with dignity.

21. People With Disabilities Today • Despite the progress that has been achieved over the years for people with disabilities, there are still many issues: • Schools – many still cannot meet the needs of students who have physical or developmental disabilities, especially in older buildings • Workplaces – many businesses and government buildings still do not provide complete access to people with disabilities (e.g. wheelchair ramps are not mandatory) ***It often takes a formal human rights complaint to be filed before any action is taken.

22. Prejudice & Stereotyping Prejudice: a preconceived opinion of a person based on that person belonging to a certain group Stereotyping: forming an opinion of one person of a group and applying that judgment to all members of that group • Although prejudice and stereotyping are not illegal, they often lead to acts of discrimination, which violate human rights laws and the Charter of Rights and Freedoms.

23. Discrimination • A person or party that claims they have been discriminated against is the complainant, and the person or party that allegedly acted in a discriminatory manner is the respondent. • There are various types of discrimination: • Intentional: treating others unfairly based on prejudicial factors such as race, religion, or gender • Unintentional: seemingly neutral or innocent actions that still discriminate against a particular group • Bona fide occupational requirement: a possible defence for employers against discrimination; they must prove that an act of apparent discrimination was necessary for a job (e.g. hiring only female counsellors in an abused women's shelter)

24. Human Rights Cases • In addition to the Canadian Human Rights Act and the Charter of Rights and Freedoms, there are provincial versions of human rights acts and rights tribunals throughout Canada. How to Analyze a Human Rights Case • Is the matter a human rights issue? • Do federal or provincial human rights laws apply? • Is there discrimination evident? • Is there an attempt at providing reasonable accommodation? • Is there a remedy under human rights law?

25. Remedies • If a complainant is found to have been the victim of discrimination, there are a variety of remedies which they may receive as compensation: • $$$ (damages, lost wages, mental anguish) • Letter of apology • Employers may have to rehire employees, or establish anti-discrimination programs • If a respondent refuses to provide the compensation, they may face criminal charges and/or fines. • Tribunals have legal authority to impose remedies (like courts).