Browse "Rights"

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Maritime Rights

Maritime Rights was a regional protest that climaxed in the 1920s. Essentially a reform movement, it was triggered by the region's declining influence in CONFEDERATION and its inability to protect important interests in transportation, tariffs, port development and federal subsidies.

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Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

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Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

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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.

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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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Social Conditions of Indigenous Peoples in Canada

Social conditions, including health, income, education, employment and community, contribute to the well-being of all people. Among the Indigenous population in Canada (i.e., First Nations, Métis and Inuit peoples), social conditions have been impacted by the dispossession of cultural traditions, social inequities, prejudice and discrimination. Social conditions also vary greatly according to factors such as place of residence, income level, and family and cultural factors. While progress with respect to social conditions is being achieved, gaps between the social and economic conditions of Indigenous people and non-Indigenous people in Canada persist.

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Social Justice

 With the arrival of INDUSTRIALIZATION over the course of the nineteenth century, early attempts to aid the poor were linked with ideas of moral and social reform and were intertwined with religion.

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Student Rights

Basically 2 sorts of rights apply to students: substantive rights - the actual rights that students should enjoy - and procedural rights - methods by which students claim their rights.

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The 1969 Amendment and the (De)criminalization of Homosexuality

From the earliest days of colonization to 1969, sodomy laws made sex between men illegal in Canada. In addition, a law enacted in 1892 made “gross indecency” between men illegal. This included anything that indicated same-sex attraction, including simple touching, dancing and kissing. The law was extended to women in 1953. In 1969, however, sodomy and gross indecency laws were changed, making such acts legal under some circumstances. The parties involved had to be 21 years of age or older and conduct their affairs in private. Sodomy and gross indecency remained illegal outside of the home or if three or more individuals were involved or present. Thus, Canada’s Criminal Code continued to equate homosexuality with criminal behaviour under many circumstances.

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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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Workers' Compensation

Workers' compensation is the name of legislation designed to provide benefits, medical care and rehabilitation services to individuals who suffer workplace injuries or contract occupational diseases.