Search for "constitutional rights"

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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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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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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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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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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.

timeline event

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.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize 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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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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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.

timeline event

Quebec Will Make Immigrants Take “Values Test”

Quebec’s CAQ government unveiled examples of questions from its new “values test,” which prospective immigrants will be required to take beginning 1 January 2020. New immigrants will have 90 minutes to take the 20-question test and must score at least 75 per cent to pass. Quebec Premier François Legault said, “If you compare our test to the test that already exists in Canada about knowing Canada, it’s not very different. I think it’s important in Quebec because we are a nation, we are a distinct society, we have our values, we have our charter.” However, Quebec Liberal leader Pierre Arcand said, “the question for us is how necessary it is at this particular stage. This values test doesn’t seem to serve any need right now.”

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Pierre Elliott Trudeau

Pierre Elliott Trudeau, PC, CC, prime minister of Canada 1968–79 and 1980–84, politician, writer, constitutional lawyer (born 18 October 1919 in Montréal, QC; died 28 September 2000 in Montréal).

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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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.