Browse "Rights"

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Article

Alimony

The obligation upon a husband to support his separated wife was embodied in the first written laws, the Code of Hammurabi, about 1792 to 1750 BC. This obligation was known in early English ecclesiastical law, and, in 1867, was shifted into the secular realm by Parliament.

Article

Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

Article

Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

Article

Enslavement

Enslavement in what is now Canada was practised by a number of Aboriginal tribes, notably those on the Northwest Coast. As practised by Europeans it may have begun with the Portuguese explorer Gaspar Corte-Real, who enslaved 50 Aboriginal men and women in 1500 in Newfoundland.

Article

Everett Klippert Case

Everett George Klippert was the only Canadian ever declared a dangerous sexual offender and sentenced to what amounted to life in prison, for no other reason than he was a gay man. Outrage over that sentence, which was upheld by the Supreme Court of Canada in 1967, led to the decriminalization of gay sex two years later. Klippert was released from prison in 1971. In 2016, Prime Minister Justin Trudeau indicated he would recommend a pardon for Klippert. The following year, the Trudeau government formally apologized and issued a compensation package to men who were charged, convicted and punished simply because they were gay.

Macleans

Fetal Rights Issue Raised

When Venus Carter realized she was pregnant with her fourth child, she knew it was time to confront her 15-year addiction to crack cocaine. Her three other children, although physically unharmed by her habit, had already been removed from her Toronto home by children's aid officials.

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Fugitive Slave Act of 1850

The Fugitive Slave Act of 1850 was enacted by the United States Congress on 18 September 1850. It extended the reach of the institution of slavery into the free Northern states, stating that refugees from enslavement living there could be returned to enslavement in the South once captured. The Act led thousands of freedom-seekers to take refuge in Canada. It was repealed 28 June 1864.

Macleans

Gay Rights Upheld in Alberta

Delwin Vriend never set out to be a gay-rights poster boy. Last week, the 32-year-old computer technologist at the University of Alberta in Edmonton sounded drained by his seven-year battle with the Alberta government over its unwillingness to provide equal rights to gays and lesbians.

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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. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress.

Article

Inuit High Arctic Relocations in Canada

In 1953 and 1955, the Royal Canadian Mounted Police, acting as representatives of the Department of Resources and Development, moved approximately 92 Inuit from Inukjuak, formerly called Port Harrison, in Northern Quebec, and Mittimatalik (Pond Inlet), in what is now Nunavut, to settle two locations on the High Arctic islands. It has been argued that the Government of Canada ordered the relocations to establish Canadian sovereignty in the Arctic, and proposed to Inuit the move, promising improved living conditions. The Inuit were assured plentiful wildlife, but soon discovered that they had been misled, and endured hardships. The effects have lingered for generations. The Inuit High Arctic relocations are often referred to as a “dark chapter” in Canadian history, and an example of how the federal government forced changes that fundamentally affected (and continue to affect) Inuit lives.

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Ipperwash Crisis

The Ipperwash Crisis took place in 1995 on land in and around Ontario’s Ipperwash Provincial Park, which was claimed by the Kettle and Stony Point First Nation. The underlying cause of the crisis was the appropriation of the Stoney Point Reserve in 1942 by the federal government for use as a military camp. After repeated requests for the land to be returned, members of the Stony Point First Nation occupied the camp in 1993 and in 1995. On 4 September 1995 protesters also occupied Ipperwash Provincial Park nearby. Tension between the protesters and the OPP increased, resulting in a confrontation on 6 September 1995 during which Dudley George, an Ojibwa protestor, was killed.

Article

James Bay and Northern Quebec Agreement

The James Bay and Northern Quebec Agreement (JBNQA) is a legal agreement signed on 11 November 1975 by the government of Quebec, the government of Canada, Hydro-Québec and two of its subsidiaries, the Grand Council of the Crees of Quebec and the Northern Quebec Inuit Association. Described by many as the “first modern treaty,” the JBNQA redefined and framed land management as well as the relationship between the Quebecois state and the Indigenous peoples of the James Bay and Northern Quebec region (see James Bay Project, Treaties with Indigenous Peoples in Canada).

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Legal Aid

The availability of publicly funded legal services for poor clients in Canada has developed only in the latter half of the 20th century.