Search for "Charter of Rights and Freedoms"

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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.

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Omar Khadr Case

Omar Khadr is a Toronto-born Canadian, captured by American soldiers after a firefight in Afghanistan in 2002, when he was 15 years old. The only minor since the Second World War to be convicted of purported war crimes, Khadr was imprisoned in Guantanamo Bay and Canada for almost 13 years in total. In 2010, the Supreme Court of Canada ruled that Khadr’s detainment violated “the principles of fundamental justice” and “the most basic Canadian standards about the treatment of youth suspects.” Despite repeated attempts by the Canadian government to keep him in prison, Khadr was released on bail in May 2015. In July 2017, he received $10.5 million in compensation from the government for Canada’s role in violating his constitutional rights. In March 2019, an Alberta judge declared that Khadr had completed his war crimes sentence, making him a free man.

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Constitution Act, 1982

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence — allowing Canadians to amend their own Constitution without requiring approval from Britain.

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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of the Canadian Constitution. The Charter guarantees the rights of individuals by enshrining those rights, and certain limits on them, in the highest law of the land. Since its enactment in 1982, the Charter has created a social and legal revolution in Canada, expanding the rights of minorities, transforming the nature of criminal investigations and prosecutions, and subjecting the will of Parliament and the legislatures to judicial scrutiny — an ongoing source of controversy.

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Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

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Citizenship

This page brings together resources on Canadian citizenship and civics. It is meant to provide readers with knowledge of how the Canadian political system came to be and how it works today. This collection is also designed to help those studying for Canada's citizenship test, or for those taking part in Historica Canada’s Citizenship Challenge program.

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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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Canadian Bill of Rights

The 1960 Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedom. Considered groundbreaking at the time, it was eventually superseded by the 1982 Canadian Charter of Rights and Freedoms.

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Administrative Law in Canada

Administrative law is one of three basic areas of public law dealing with the relationship between government and its citizens, the other two being constitutional law and criminal law. Administrative law ensures that government actions are authorized by Parliament or by provincial legislatures, and that laws are implemented and administered in a fair and reasonable manner. Administrative law is based on the principle that government actions must (strictly speaking) be legal, and that citizens who are affected by unlawful government acts must have effective remedies. A strong administrative law system helps maintain public confidence in government authority.

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Canada East

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) laid out the guidelines to create the new colony with the Act of Union in 1840. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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Robert Pickton Case

From 1978 to 2001, at least 65 women disappeared from the Downtown Eastside district of Vancouver, British Columbia, prompting the largest serial killer investigation in Canadian history. Robert Pickton was charged with murdering 26 of the women, and was convicted on six charges. In a jail cell conversation with an undercover police officer, Pickton claimed to have murdered 49 women.

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Member of Parliament (MP)

The term Member of Parliament (MP) refers to individuals elected to represent a single federal electoral district (or “riding”) in the House of Commons. As elected representatives, MPs have three main duties: legislating in Parliament, representing their riding and political party, and serving their constituents’ needs. MPs occupy different roles and levels of influence in government. They hold office until Parliament is dissolved — typically four year terms — and can serve infinite mandates, so long as they are re-elected. Any Canadian citizen who is at least 18 years old on election day can run for office. Most MPs are elected as a member of a political party, but some may campaign and sit as independents. There are 338 seats for Members of Parliament in the House of Commons.

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Charlottetown Conference

The Charlottetown Conference of September 1864 set Confederation in motion. The meeting brought together delegates from New Brunswick, Nova Scotia and Prince Edward Island to discuss the union of their three provinces.

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Canada West

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) laid out the guidelines to create the new colony with the Act of Union in 1840. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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Treaty of Utrecht

Utrecht, Treaty of, an agreement between Britain and France concluded 11 Apr 1713 at Utrecht in the Netherlands as part of the series of treaties ending the WAR OF THE SPANISH SUCCESSION . The treaty recognized Queen Anne as

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Durham Report

In 1838, the British politician Lord Durham was sent to British North America to investigate the causes of the rebellions of 1837–38 in the colonies of Upper and Lower Canada. Durham's famous Report on the Affairs of British North America (1839) led to a series of reforms and changes. These included uniting the two Canadas into a single colony, the Province of Canada, in 1841. (See also: Act of Union.) The report also paved the way for responsible government. This was a critical step in the development of Canadian democracy. The report played an important role in the evolution of Canada’s political independence from Britain.