Search for "constitutional rights"

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Craig Kielburger

Craig Kielburger, CM, social entrepreneur, author, speaker (born 17 December 1982 in Toronto, ON). Craig Kielburger is best known for his activism as a young teenager and his work co-founding and leading ME to WE with his brother, Marc. ME to We is a business that links purchases to global social and economic development. Kielburger also founded WE Charity (formerly Free the Children), which focuses particularly on youth education and mobilization. Much of his work revolves around a conviction that youth are fundamental to creating systemic change.

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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In July 1988, the War Measures Act was repealed and replaced by the Emergencies Act.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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Constitutional Act, 1791

The Constitutional Act, 1791 was an act of the British Parliament. Also known as the Canada Act, it divided the Province of Quebec into  Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation, but its rigid colonial structures also set the stage for rebellion in the Canadas. (See Rebellions of 1837–38.) The Act was also notable for giving women who owned property in Lower Canada the right to vote — a high level of inclusion by the standards of the time.

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Viola Desmond

Viola Irene Desmond (née Davis), businesswoman, civil rights activist (born 6 July 1914 in Halifax, NS; died 7 February 1965 in New York, NY). Viola Desmond built a career and business as a beautician and was a mentor to young Black women in Nova Scotia through her Desmond School of Beauty Culture. In 1946, Viola Desmond challenged racial discrimination when she refused to leave the segregated Whites-only section of the Roseland Theatre in New Glasgow, Nova Scotia. Viola Desmond was arrested, jailed overnight and convicted without legal representation for an obscure tax offence as a result. Despite the efforts of the Nova Scotian Black community to assist her appeal, Viola Desmond was unable to remove the charges against her and went unpardoned in her lifetime. Desmond’s courageous refusal to accept an act of racial discrimination provided inspiration to later generations of Black persons in Nova Scotia and in the rest of Canada. In 2010, Lieutenant-Governor Mayann Francis issued Desmond a free pardon. In December 2016, the Bank of Canada announced that Viola Desmond would be the first Canadian woman to be featured by herself on the face of a banknote — the $10 note released on 19 November 2018. Viola Desmond was named a National Historic Person by the Canadian government in 2018.

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Quebec Act, 1774

The Quebec Act received royal assent on 22 June 1774. It revoked the Royal Proclamation of 1763, which had aimed to assimilate the French-Canadian population under English rule. The Quebec Act was put into effect on 1 May 1775. It was passed to gain the loyalty of the French-speaking majority of the Province of Quebec. Based on recommendations from Governors James Murray and Guy Carleton, the Act guaranteed the freedom of worship and restored French property rights. However, the Act had dire consequences for Britain’s North American empire. Considered one of the five “Intolerable Acts” by the Thirteen American Colonies, the Quebec Act was one of the direct causes of the American Revolutionary War (1775–83). It was followed by the Constitutional Act in 1791.

This is the full-length entry about the Quebec Act of 1774. For a plain language summary, please see The Quebec Act, 1774 (Plain-Language Summary).

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Canadian Bill of Rights

The Canadian Bill of Rights was the country’s first federal law to protect human rights and fundamental freedoms. It was considered groundbreaking when it was enacted by the government of John Diefenbaker in 1960. But it proved too limited and ineffective, mainly because it applies only to federal statutes and not provincial ones. Many judges regarded it as a mere interpretive aid. The bill was cited in 35 cases between 1960 and 1982; thirty were rejected by the courts. Though it is still in effect, the Bill of Rights was superseded by the Canadian Charter of Rights and Freedoms in 1982.

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Emily Murphy

​Emily Murphy (née Ferguson, pen name Janey Canuck), writer, journalist, magistrate, political and legal reformer (born 14 March 1868 in Cookstown, ON; died 27 October 1933 in Edmonton, AB). Emily Murphy is best known for her role in the Persons Case, the successful campaign to have women declared “persons” in the eyes of British law. A self-described rebel, she was an outspoken feminist and controversial figure. In recent years, Murphy has attracted criticism for her views both on eugenics and immigration as well as acclaim for her success as a suffragist.

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Jennie Trout

Jennie (Jenny) Kidd Trout, physician, teacher (born 21 April 1841 in Kelso, Scotland; died 10 November 1921 in Hollywood, California). Trout was the first female physician licensed to practice medicine in Canada. She received her license from the College of Physicians and Surgeons in Ontario in 1875.

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Denham Jolly

Brandeis Denham Jolly, teacher, entrepreneur, publisher, broadcaster, philanthropist, civil rights activist, community leader (born 26 August 1935 in Industry Cove, Jamaica). Jolly began his business career by purchasing and operating rooming houses and nursing homes. He later purchased and became the publisher of Contrast, a Black community newspaper in Toronto and established FLOW 93.5, the first Black-owned radio station and the first station in Canada to showcase Black music and the stories of the Black community. Jolly also was involved with or founded and led community groups — such as the Black Action Defence Committee — that sought to end police violence targeting young Black men. Jolly also contributed generously to several causes including scholarships for promising young Black Canadians.

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Voting Rights

The right to vote in Canada has not been straightforward. Race, ethnicity, and gender were often factors in determining who had the right to vote, a right that, once earned, could be taken away. Learn about the complicated history of Voting Rights in Canada.

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Ottawa Ordered to Compensate First Nations Children in On-Reserve Child Welfare System

The Canadian Human Rights Tribunal issued a ruling that called for the federal government to pay $40,000 to each child who was taken from their home on reserve since 1 January 2006, regardless of the reason. The tribunal’s ruling stated, “Canada was aware of the discrimination and of some of its serious consequences… Canada focused on financial considerations rather than on the best interests of First Nations children and respecting their human rights.” About 50,000 children were affected, making the total cost around $2 billion. (See also: Canadian Human Rights Act.)

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Upper Canada

Upper Canada was the predecessor of modern-day Ontario. It was created in 1791 by the division of the old Province of Quebec into Lower Canada in the east and Upper Canada in the west. Upper Canada was a wilderness society settled largely by Loyalists and land-hungry farmers moving north from the United States. Upper Canada endured the War of 1812 with America, William Lyon Mackenzie’s Rebellion of 1837, the colonial rule of the Family Compact and half a century of economic and political growing pains. With the Act of Union in 1841, it was renamed Canada West and merged with Lower Canada (Canada East) into the Province of Canada.

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Quebec Superior Court Rules Parts of MAID Laws are Unconstitutional

A Quebec Superior Court judge ruled that both federal and provincial laws governing medical assistance in dying (MAID) are unconstitutional. Since the assistance is only available to people facing “reasonably foreseeable death,” the laws were deemed too restrictive. Justice Christine Baudouin ruled that the laws violate Section 7 of the Charter of Rights and Freedoms, as well as the right to equality, because “The reasonably foreseeable natural death requirement deprives both individuals and claimants of their autonomy and their choice to end their lives at the time and in the manner desired.” Both governments were given six months to revise the law.