Browse "Rights"

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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 It was repealed 28 June 1864.

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.

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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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.

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Women and the Law

Women have looked to the law as a tool to change their circumstances, while at the same time the law is one of the instruments which confirms their dependent status as citizens (see Status of Women). The first phase of the Women's Movement, in proclaiming that women were capable of reason as well as reproduction and nurturing, claimed a place for women in the public sphere, while also relying upon the concept of "separate spheres" to delineate their areas of strength and competence.

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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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Rights of Indigenous Peoples in Canada

It is difficult to make generalizations about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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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.

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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

Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.