Search for "constitutional rights"

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Rights Revolution in Canada

The time between the end of the Second World War and the signing of the Canadian Charter of Human Rights and Freedoms in 1982 is often referred to as the “Rights Revolution” in Canada. During this period, awareness of and support for human rights increased across Canada. At the grassroots level, women, queer communities, Indigenous peoples, and disability activists pushed for greater inclusion and made significant rights gains. At the same time, both federal and provincial governments passed laws that prohibited discrimination and protected human rights for more people across Canada.

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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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Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms, or simply the Charter, is the most visible and recognized part of Canada’s 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. It has expanded the rights of minorities and criminal defendants, transformed the nature and cost of criminal investigations and prosecutions, and subjected the will of Parliament and the legislaturesto judicial scrutiny — an ongoing source of controversy.

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Abortion in Canada

Abortion is the premature ending of a pregnancy. Inducing an abortion was a crime in Canada until 1988, when the Supreme Court of Canada struck down the abortion law as unconstitutional. Since then, abortion has been legal at any stage in a woman's pregnancy, and is publicly funded as a medical procedure under the Canada Health Act. However, access to abortion services differs across the country, and abortion remains one of the most divisive political issues of our time.

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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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Ted King

Theodore “Ted” Stanley King, civil rights activist, real estate broker, accountant, railway porter (born 14 July 1925 in Calgary; died 7 July 2001 in Surrey, BC). Ted King was the president of the Alberta Association for the Advancement of Coloured People from 1958 to 1961, where he advocated for the rights of Black Canadians. In 1959, King launched a legal challenge against a Calgary motel’s discriminatory policy, decades before human rights protections existed throughout Canada. The case made it to the Alberta Supreme Court. Though it was not successful, King’s case exposed legal loopholes innkeepers exploited in order to deny lodging to Black patrons.

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Viola Desmond $10 Bill Named Best Banknote in the World

Canada’s new vertically designed $10 bill, featuring civil liberties trailblazer Viola Desmond on the front and the Canadian Museum for Human Rights on the back, received the 2018 Bank Note of the Year Award from the International Bank Note Society. It was the first such award a Canadian banknote had won since the $20 bill released as part of the “Canadian journey” series won the inaugural Bank Note of the Year Award in 2004. (See also Women on Canadian Banknotes.)

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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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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Constitutional Act 1791

The Constitutional Act of 1791 was an Act of the British Parliament creating Upper Canada and Lower Canada. Although it was a first step towards Canadian Confederation, its rigid colonial structures also set the stage for rebellion in the two Canadas.

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Lesbian, Gay, Bisexual and Transgender Rights in Canada

Since the late 1960s, the lesbian, gay, bisexual and transgender (LGBT) community in Canada has seen steady gains in rights. While discrimination against LGBT people persists in many places, major strides toward mainstream social acceptance and formal legal equality have nonetheless been made in recent decades. Canada is internationally regarded as a leader in this field. Recent years have seen steady progress on everything from health care to the right to adopt. In 2005, Canada became the fourth country worldwide to legalize same-sex marriage.

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Emergencies Act

In July 1988, the War Measures Act was repealed and replaced by the Emergencies Act. The Emergencies Act authorizes “the taking of special temporary measures to ensure safety and security during national emergencies and to amend other Acts in consequence thereof.” In contrast to the sweeping powers and violation of civil liberties authorized by the War Measures Act, the Emergencies Act created more limited and specific powers for the federal government to deal with security emergencies of five different types: national emergencies; public welfare emergencies; public order emergencies; international emergencies; and war emergencies. Under the Act, Cabinet orders and regulations must be reviewed by Parliament, meaning the Cabinet cannot act on its own, unlike under the War Measures Act. The Emergencies Act outlines how people affected by government actions during emergencies are to be compensated. It also notes that government actions are subject to the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

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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.