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Women's Voting Rights
Up until 1919, no women in Canada had to right to vote in federal elections:
- Manitoba was the first province to grant some woman the right to vote in 1916
- Saskatchewan and Alberta soon followed a few months later
- Within a year, women were able to vote in BC and Ontario
- During World War 1, women who were serving in the military or had a relative in the armed forces could vote in federal elections.
- A year later in 1918, the parliament passed a law allowing both men and women to vote. -
Persons Case
Constitutional ruling that established the right for women to be appointed into the senate.
- Initiated by the famous five
- Supreme court of Canada ruled that women were not considered “persons” according to the Constitution Act
- This mean that women were not eligible to become senate
- Went to the Judicial Committee of the Privy Council and reverse the courts decision
- Allowed women to run as senate
- Women could no longer be denied rights based on their interpretation of the law. -
Indian Act Revisions of 1951
After World War II, the Indian Act underwent its first review and several prohibitions were removed.
- Indigenous women could vote in band council elections, communities could make land claims, and religious rituals like potlatch could be performed.
- While some of the modifications made to the Indian Act were advantageous, others were detrimental.
- The 1960s scoop, for instance, resulted from the amendments that granted province power over indigenous child welfare. -
Canadian Bill of Rights
- Country’s first federal law to protect human rights and the fundamental freedoms.
- Enacted by the government in 1960 by John Diefenbaker
- It was proved to be ineffective and too limited because doesn’t apply to provincial statutes, only federal
- Although it is still in effect today, the Canadian Charter of Right and Freedoms overthrew the Bill in 1982.
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Indigenous Canadian's Voting Rights
- This began when male Indigenous veterans of World War I and World War II were granted the right to vote in 1924.
- In 1944, this was expanded to include wives of veterans.
- In British Columbia, status indigenous peoples were given the ability to vote in 1949 without having to relinquish their status.
- It wasn't until 1960 that the Indigenous community as a whole was granted the freedom to vote everywhere without restrictions.
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Ontario Human Rights Code
The code prohibits actions that discriminate against people based on a protected ground within a social area
- Enacted in 1962
- 4 social areas and 16 grounds of discrimination
- Social areas:
• Accommodation (housing)
• Contracts
• Employment
• Goods, services and facilities
• Membership in unions, trade or professional associations. -
Royal Commission of the Status of Women
The Royal Commission on the Status of Women in Canada was established in 1967.
- Its mandate was to investigate and report on women's status in Canada and recommend federal actions for ensuring equal opportunities for women.
- Feminist activists played a crucial role in advocating for the creation of the commission, aiming for a more inclusive Canada. -
Immigration Act of 1967
Following World War I, Canada saw a significant increase in the number of immigrants from around the world.
- The Immigration Act was the first piece of immigration legislation to explicitly state the goals of Canadian immigration policy.
- It also established the universal point system for evaluating potential immigrants. -
Canadian Official Languages Act
- English and French are recognized as Canada's two official languages by the Official Languages Act of 1969, which was amended numerous times in 1988, 2005, and 2023.
- The act requires that all federal government communications, services, and public documents be available in both languages, and it has encouraged the expansion of immersion programs in English-speaking provinces.
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Canadian Human Rights Act
Enacted in 1977, it is a federal statute that safeguards people against discrimination and advances equality in areas under federal control.
- Federal government agencies, Crown corporations, and businesses subject to government regulation are covered by the Act, which is distinct from the Charter
- The Act forbids discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity, disability, pardoned criminal convictions, etc. -
Canadian Charter of Rights and Freedoms
The Charter is the most recognized part of Canada’s Constitution:
- Has created a social and legislative revolution in Canada
- Guarantees the freedoms and rights of individuals in Canada.
- Also used to limit certain rights if in certain scenarios if necessary for the overall safety of society
- Has expanded the rights of minorities and criminal defendants
- The notwithstanding cause is what allows governments to exempt their laws from certain parts of the charter -
Big M Drug Mart
- Big M Drug Mart was accused of being open and selling their products on a Sunday
- Contrary to the Lord’s Day Act.
- Then on April 24, 1985, the supreme court of Canada ruled that this federal statute was contrary to the freedom of religion guaranteed in s2 of the Canadian Charter of Right and Freedoms and made in consequently inoperative by the s52 of the Constitution Act, 1982
- The court established the idea that a statutes legality could be assed based on its impact or overall purpose.
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R. v. Oakes
Oakes was charged with possessing drugs with intent to traffic them
- s8 of the Narcotic Control Act conflicts with s11 of the Charter of Rights and Freedoms, so there was a difficulty in restricting Oakes' rights
- S11 of the Charter declares that everyone is innocent until proven guilty but in the Control act stipulates otherwise
- The Supreme Court determined that s8 of the Control Act did not satisfy the requirements for a link, so the s1 Charter requirements were not met. -
Canadian Employment Equity Act
- Equality in the workplace and during the recruiting process is ensured under the Employment Equality Act.
- Employment benefits and opportunities cannot be denied to anyone for any reason other than their capacity to perform their duties.
- This was put in place as a result of the unequal treatment of women, Indigenous peoples, and individuals with disabilities in the workplace.
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Abortion Rights
Medical personnel were prohibited from performing or inducing abortions prior to 1969.
- This was became lawful in 1969 - only if the woman's health or life was in danger throughout the pregnancy
- The case of R. v. Morgentaler involved the prosecution of a doctor for performing abortions
- When comparing his acts to the Charter, the Supreme Court determined that criminalizing abortions was a violation of s7 of the Charter, which protects rights to "life, liberty, and security of the person." -
Delgamuukw v. British Columbia
This case concerned the definition, the extent and content of Aboriginal title
- The Supreme Court observed that Section 35(1) of the Constitution Act of 1982 guaranteed Aboriginal title as an ancestral right.
- The Delgamuukw case's verdict affected other court issues pertaining to Aboriginal title and rights. -
Vriend v. Alberta
- Delwin Vriend hired as lab coordinator in 1988 at Alberta institution.
- Revealed sexual orientation in 1990.
- In 1991, he was fired and Alberta Human Rights Commission blocked his complaint.
- Supreme Court ruled the firing violated equality rights under the Canadian Charter.
- Court ordered Alberta to amend human rights laws to protect sexual orientation.
- Ruling strengthened anti-discrimination protections for LGBTQ+ Canadians.
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R. v. Marshall
The accused was charged with: selling eels without a license, fishing without a license, and using unlawful nets to fish during the closing season.
-Marshall, the Indigenous man, claimed his actions were protected by an agreement between the British Crown and the Mi'kmaq people
-He acknowledged that he had caught and sold 463 pounds of eels
-Supreme Court decided in Marshalls's favour, upholding the 1760–1761 treaties' provision that Indigenous and Mi’kmaq people can hunt and fish for a living -
Same Sex Marriage
- British Columbia and Ontario were the first two provinces to allow same-sex marriage in 2003.
- On July 20, 2005, the federal Civil Marriage Act went into effect, allowing same-sex marriage in all Canadian provinces.
- The definitions of husband and wife had to be altered to spouse in order to allow same-sex marriages.
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Truth and Reconciliation Commission
The "Indian Residential School Settlement Agreement" led to the creation of TRC.
-Informs Canadians about the residential school system, by survivor's stories
-The Government contributed over $72 million to the operations
-Survivors who spoke their experience is reflected in the TRC's final report.
-PM Justin Trudeau accepted the TRC's Final Report as part of the Indian Residential Schools Settlement Agreement
-Rebuilt nation-to-nation relationship with Indigenous Peoples, founded on respect.