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Human rights in Canada have come under increasing public attention and legal protection since World War II. Inspired by Canada's involvement in the creation of the Universal Declaration of Human Rights in 1948,[1] the current legal framework for human rights in Canada consists of constitutional entitlements, and statutory human rights codes, both federal and provincial.
The Supreme Court of Canada first recognized an implied bill of rights in 1938 in the decision Reference Re Alberta Statutes.[2] However, prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Canadian Charter of Rights and Freedoms in 1982 (part of the Constitution of Canada), the laws of Canada did not provide much in the way of civil rights and was typically of limited concern to the courts.[3] The protections which did exist focused on specific issues, rather than taking a general approach to human rights with some provincial and federal laws offering limited safeguards.
Since the 1960s, Canada has placed emphasis on equality and inclusiveness for all people.[4][5] In present-day Canada the idea of a "just society" are constitutionally protected.[6] The "Canadian Charter" guarantees fundamental freedoms such as; free expression, religion, association and peaceful assembly rights and the right to life, liberty and security of the person.[7] Other rights related to participation in elections, mobility, legal process, equality, language usage and minority-language education are also within the Charter.[7]
Internationally, Canada is a signatory to multiple human rights treaties,[8] and ranks among the highest globally in measurements of civil rights.[9][10] Despite Canada being an international leader of human rights there are foreign and varied domestic concerns.[11][12] There are significant issue of historic racism and discrimination against Indigenous peoples - including the modern day plight of violence faced by Indigenous females, reports of excessive force used by law enforcement and racial profiling targeting visible minority, concern with the treatment of migrants and refugees and the freedom of religion and language expression in Quebec society.
- ^ Schabas, William (1998). "Canada and the Adoption of Universal Declaration of Human Rights" (PDF). McGill Law Journal. 43: 403.
- ^ Joseph E. Magnet, Constitutional Law of Canada, 8th ed., Part VI, Chapter 1 Archived October 8, 2007, at the Wayback Machine, Juriliber, Edmonton (2001). URL accessed on March 18, 2006.
- ^ Church, Joan; Schulze, Christian; Strydom, Hennie (2007). Human rights from a comparative and international law perspective. Unisa Press. p. 82. ISBN 978-1-86888-361-5.
- ^ Christopher MacLennan (2004). Toward the Charter: Canadians and the Demand for a National Bill of Rights, 1929–1960. McGill-Queen's Press – MQUP. p. 119. ISBN 978-0-7735-2536-8.
- ^ J. M. Bumsted (2003). Canada's Diverse Peoples: A Reference Sourcebook. ABC-CLIO. p. 229. ISBN 978-1-57607-672-9.
- ^ LaSelva, S.V. (1996). The Moral Foundations of Canadian Federalism: Paradoxes, Achievements, and Tragedies of Nationhood. McGill-Queen's University Press. p. 86. ISBN 978-0-7735-1422-5. Retrieved November 2, 2024.
- ^ a b "The rights and freedoms the Charter protects". Ministère de la Justice. April 12, 2018. Retrieved November 3, 2024.
- ^ "International Human Rights Treaties to which Canada is a Party". Ministère de la Justice. November 14, 2016. Retrieved October 29, 2024.
- ^ "Canada: Freedom in the World 2023 Country Report". Freedom House. Retrieved November 3, 2024.
- ^ Amanat, Hayatullah (September 8, 2023). "Canada ranks as 2nd-best country in 2023: U.S. News". CTVNews. Retrieved November 3, 2024.
- ^ "World Report 2020: Rights Trends in Canada". Human Rights Watch. December 13, 2019. Retrieved October 28, 2024.
- ^ "Canada "a welcome ally" in advancing human rights around the world – Bachelet". OHCHR. June 19, 2019. Retrieved October 28, 2024.