Anaya Nolan
Canada has a history of unjust laws, some of which have been repealed or amended in recent years. The country has taken steps to address historical discrimination and protect the rights of its citizens, including 2SLGBTQI+ communities and women. Notable examples of unjust laws in Canada include restrictions on abortion access, the criminalization of venues considered safe spaces for 2SLGBTQI+ individuals, and the denial of voting rights to Canadian citizens living abroad for more than five years. Other quirky and outdated laws, such as the prohibition on pretending to practice witchcraft and dueling, have also been scrapped. While Canada continues to strive for equality and non-discrimination, there remain areas where laws and regulations can be improved to better serve the diverse needs of its citizens.
| Characteristics | Values |
|---|---|
| Laws that discriminate against the 2SLGBTQI+ community | Offences relating to bathhouses, nightclubs, and swingers' clubs, which are considered safe spaces for the 2SLGBTQI+ community, have been deemed unjust and eligible for expungement. |
| Age-based discrimination | The Ontario Human Rights Code has abolished the mandatory retirement age, but the provincial Employment Standards Act still allows age-based discrimination in terms of benefits and access to group insurers after 65. |
| Outdated laws | It was previously illegal to pretend to practice witchcraft, challenge someone to a duel, or advertise a reward for lost/stolen property without questions. These laws have since been repealed. |
| Unusual laws | It is illegal to own pet rats in Alberta, whistle in Petrolia, Ontario, pay with more than 25 Canadian dollar coins, own a loud parrot in Oak Bay, build a snowman taller than 30 inches, or be a taxi driver wearing a t-shirt in Halifax, Nova Scotia. |
| Content-based laws | In 1949, Canada banned crime comics if the criminal was not arrested or failed. |
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What You'll Learn
Laws that discriminate against the 2SLGBTQI+ community
Canada has taken significant steps to promote equality and protect the rights of the 2SLGBTQI+ community. However, there are still laws and societal attitudes that contribute to discrimination and injustice.
One area of concern is the criminalization of sex work, drug use, and HIV non-disclosure, which disproportionately affects the 2SLGBTQI+ community. These criminal records create barriers to stable employment, increase stigma, enable discrimination and violence, and discourage people from seeking testing or treatment for HIV. The Expungement of Historically Unjust Convictions Act, passed in 2018, allows individuals to apply for the removal of convictions for eligible offences involving consensual same-sex activities. However, there are gaps in this legislation, and further action is needed to address the negative impact of these laws on the community.
Discrimination in employment remains prevalent for 2SLGBTQI+ individuals in Canada. Income gaps and differences in employment patterns, occupations, and industries contribute to these disparities. The Ontario Human Rights Code has abolished the mandatory retirement age, yet the provincial Employment Standards Act still permits age-based discrimination, resulting in the loss of benefits for those over 65.
Historical discrimination against the 2SLGBTQI+ community has left a legacy of inequality. Before 1969, same-sex sexual activities between consenting adults were considered crimes in Canada, punishable by imprisonment. While an omnibus bill decriminalizing these acts was passed in 1969, it only applied to individuals over 21, falling short of full equality. It wasn't until 1996 that the Canadian Human Rights Act was amended to explicitly include sexual orientation as a prohibited ground for discrimination.
To address these injustices, the Government of Canada launched the Federal 2SLGBTQI+ Action Plan in August 2022, aiming to advance the rights and improve social, economic, and health outcomes for the community. This includes initiatives to expand criminal record expungement, address HIV non-disclosure laws, and invest in 2SLGBTQI+ not-for-profit organizations to build resilience against hate and discrimination.
While Canada has made notable progress in promoting equality, there is still work to be done to address the discriminatory laws and societal attitudes that negatively impact the 2SLGBTQI+ community.
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Age-based discrimination in the Employment Standards Act
Age-based discrimination in the workplace can have detrimental effects on both individuals and their families. Stereotypes, prejudice, and age-based discrimination are all experienced by people of various ages in all sectors of society, including the workplace. Ageism in the workplace can manifest in both subtle and overt ways, such as statements like "Will you be able to deal with this case, since you [are an old person]".
The Canadian Human Rights Act (CHRA) and the Employment Equity Act (EEA) are the primary federal laws that protect older workers from facing age discrimination in federally regulated workplaces. The CHRA prohibits discrimination on the grounds of age in employment, services, goods, and facilities regulated by the federal government. This means federal employers must not discriminate against employees or job applicants due to their age and must protect them from harassment and retaliation related to age. The EEA also works to address systemic discrimination in the workplace and promote equal opportunity for designated groups, including older workers, in federally regulated industries.
However, despite these federal laws, age-based discrimination still exists in the Employment Standards Act. According to Kate Hughes of Toronto's Cavalluzzo Shilton McIntyre Cornish LLP, "Once you hit 65 you're cut off from benefits plans. No pension, no contract with group insurers, nothing." This is a clear example of age-based discrimination, as those who reach the age of 65 are denied benefits that younger employees receive. The clash between the acts is being challenged in court, and Hughes hopes to see the Employment Standards Act modified to align with laws prohibiting age discrimination.
In addition to the CHRA and EEA, there are provincial human rights laws that also prohibit age discrimination in employment. These laws may have different processes and remedies, but they all aim to protect employees and job applicants from discrimination based on age. For example, the Ontario Human Rights Code has long abolished the mandatory retirement age. However, statutory exemptions from age discrimination claims for the operation of bona fide employee or group insurance plans exist in several provinces and territories, including Alberta, British Columbia, and New Brunswick.
To avoid liability under the Human Rights Act, employers should avoid any reference to age in job advertisements or during the recruitment process. Candidates for employment are protected from having to disclose their age on an application form or in the interview process. It is only after a job offer has been made that employers are entitled to request age-related information, such as for registering for group insurance or conducting a criminal records check.
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Outdated blasphemy laws
Canada has had a long history of outlawing blasphemy, with the Criminal Code treating it as a criminal offence. However, in recent times, this law has been criticised as outdated and unjust, leading to its repeal in 2018.
Blasphemy laws refer to legislation that prohibits blasphemy, which is defined as the act of insulting or showing contempt towards a deity, sacred objects, or something considered sacred or inviolable. In Canada, blasphemy laws have been in place since the New France period and continued through the era of "Upper" and "Lower" Canada, even after Confederation. The Criminal Code, which was enacted over a century ago, included blasphemous libel as a criminal offence, with a punishment of up to two years in prison. Despite this, there have only been five reported cases of prosecution for blasphemous libel in Canada since the Criminal Code was enacted.
The last serious attempt to decriminalise blasphemy in Canada was Woodsworth's bill, which did not succeed. In 1927, Eugene Sterry was prosecuted in Canada's most famous blasphemy case. Additionally, there were two Quebec-based public movements against blasphemy: Le ligue contre le blasphème in 1926 and an informal campaign led by future Governor General Georges Vanier in 1942.
In 2017, the Ministry of Justice announced Bill C51, which included the proposed abrogation of the blasphemy law, specifically targeting Article C296. This move faced no resistance, and the blasphemy law was officially repealed in December 2018, along with other archaic pieces of legislation. This repeal was the result of a national campaign by CFI Canada and Humanist Canada, who lobbied together to abolish the law.
While the blasphemy law may have been outdated and rarely enforced, its existence in Canadian legislation for over a century reflects the country's evolving legal landscape and societal changes.
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Laws against scaring the King
Canada has its fair share of quirky and unusual laws, including some that might be considered unjust. One such law, which has since been repealed, prohibited scaring the King.
Section 49 of the Criminal Code states that scaring or wilfully alarming His Majesty in any way is an indictable offence, punishable by up to fourteen years in prison. This law is no longer in effect, but it serves as a reminder of the country's evolving legal landscape and societal changes. It is unclear what the rationale behind this law was, but it is safe to assume that it was intended to protect the King and maintain a certain level of respect for the monarchy.
While this law may seem amusing, it is important to remember that laws are in place to maintain order and protect individuals and society as a whole. Canada has taken steps to repeal or amend laws that are outdated or unjust, such as the law against scaring the King. This demonstrates the country's commitment to adapting its legal system to reflect societal changes and ensure the protection of its citizens' rights and freedoms.
Canada has a history of discriminatory laws that have compromised the freedoms of certain communities, such as the 2SLGBTQI+ community and women. For example, offences relating to bathhouses, nightclubs, and swingers' clubs, which are considered safe spaces for the 2SLGBTQI+ community, were once criminalized, resulting in convictions for owners, employees, and patrons. The government has recognized the unjust nature of these laws and has taken steps to address them, such as adding these offences to the list of those eligible for expungement under the Expungement of Historically Unjust Convictions Act.
In addition to discriminatory laws, Canada has had its share of unusual laws that may be considered unjust by some. For instance, it was once illegal to own a pet rat in Alberta, and in Port Coquitlam, you can still only keep up to four pet rats. There is also a law in Oak Bay that fines parrot owners $100 if their parrot talks too loudly.
Canada has also had laws that restrict freedom of expression, such as the ban on crime comics in 1949, which prohibited the portrayal of successful criminals, and the law against swearing in public parks in Toronto. These laws may be seen by some as unjust limitations on free speech.
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Laws against challenging someone to a duel
Canada has had its fair share of quirky and unusual laws, including those against challenging someone to a duel. Until 2018, Section 71 of the Criminal Code stated that anyone who challenged or accepted a challenge to a duel could be found guilty of an indictable offense, punishable by up to two years in prison. The law specified that:
> Everyone who challenges or attempts by any means to provoke another person to fight a duel, attempts to provoke a person to challenge another person to fight a duel, or accepts a challenge to fight a duel, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
This meant that Canadians with a disagreement were unable to settle their differences with a sword fight or any other type of duel. However, with the decline of dueling as a method of conflict resolution, Parliament repealed this law in 2018.
The repeal of the law against dueling was part of a broader effort by the Canadian government to rid the Criminal Code of obsolete laws. Other curious laws that were abolished include those prohibiting the mockery of religion and the offering of rewards for stolen property with "no questions asked." Additionally, it was once illegal to pretend to practice witchcraft, sorcery, or enchantment, but this law was also repealed in 2018, allowing Canadians to freely dress up as their favorite Harry Potter characters for Halloween.
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