Civil rights law in Canada

Civil rights law in Canada concerns the private rights and power of people within Canada. This typically has broad meaning, covering all human rights protected under the law outside of the criminal law context. Civil rights primarily gravitates around issues such as discrimination, accommodation, sufferage, and to a lesser extent, property rights.

While many laws implications on civil rights, civil rights are primarily protected under the federal and provincial Human Rights Acts in private context, and under the Canadian Charter of Rights and Freedoms where the state is a party to the matter. [See s. 32 of the Charter for discussion on its application]

Controversial human rights issues in Canada include patient rights, freedom of speech, freedom of religion, parents rights, childrens rights, rights of the unborn, minority rights, majority rights, aboriginal rights, landlord verse tenant rights and economic, social and political rights. [ [http://www.pch.gc.ca/progs/pdp-hrp/canada/themes_e.cfm Human Rights Canada] ]

History

From the 19th Century to the advent of the Canadian Bill of Rights and the first provincial Human Rights Act, the laws of Canada and the provinces did not provide much in the way of civil rights and it was typically of limited concern to the courts.

During this early period there were a number legal cases arising from discriminatory or repressive conduct. The courts typically dealt with these cases strictly as a matter of law with no explicit consideration to the social element of the matter.

The earliest cases typically turned on the question of constitutional jurisdiction of the law. In Union Colliery Co. of British Columbia v. Bryden (1899), Bryen, a shareholder in Union Colliery, accused the company of violating the provincial Mining Act which prohibited the hiring of "Chinamen". The company successfully challenged the constitutionality of the Act on the grounds that it legislated on a matter that was in federal jurisdiction. In Cunningham v. Homma (1903), the provincial law prohibiting people of Japanese decent from voting was found to be constitutional on the basis that it was a matter within the province's jurisdiction to legislate on. Similarly, in the case of Quong Wing v. R. (1914), the Saskatchewan law prohibiting the hiring of white women by businesses owned by "Chinamen" was constitutionally valid as a matter of jurisdiction.

In the 1938 decision of Reference re Alberta Statutes, the Supreme Court of Canada first recognized an implied bill of rights. The Court had struck down an Albertan law that prohibited the press from criticizing the government. In Reference re Persons of Japanese Race (1946), the Supreme Court of Canada upheld a government order to deport Canadian citizens of Japanese descent. However, in dissent, two justices invoked the implied bill of rights as a valid basis for invalidating the law.

In Noble v. Alley (1955), the Supreme Court of Canada refused to enforce a restrictive covenant prohibiting the sale of land to those of Jewish decent on the basis that it was too vague.

Beginning in 1962, the provinces began adopting Human Rights legislation: Ontario (1962), Nova Scotia (1963), Alberta (1966), New Brunswick (1967), Prince Edward Island (1968), Newfoundland (1969), British Columbia (1969), Manitoba (1970), Québec (1975) [ "Charter of Human Rights and Freedoms"] , and Saskatchewan (1978) [Saskatchewan Human Rights Code] .In 1977, the federal government enacted the "Canadian Human Rights Act".

Discrimination and equality

Discrimination under the human rights acts

Discrimination under the Charter

Footnotes