Anaya Nolan
Equality under the law in Canada is guaranteed by the Canadian Charter of Rights and Freedoms, which came into effect in 1982. The Charter ensures that all Canadians are treated equally and protected from discrimination, regardless of their sex, race, age, religion, or disability. It also allows for laws and programs that aim to improve the conditions of disadvantaged individuals or groups, such as women, Indigenous peoples, and visible minorities. The interpretation and application of equality rights under the Charter have evolved through Supreme Court decisions, with an emphasis on addressing broader contexts and substantive equality.
| Characteristics | Values |
|---|---|
| Right to equality | Protected by the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms |
| Right to equal protection and benefit of the law | Protected by Section 15 of the Canadian Charter of Rights and Freedoms |
| Right to be free from discrimination | Protected by the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms |
| Right to privacy | Protected by the Alberta Freedom of Information and Protection of Privacy Act |
| Right to language | Canadians can use English or French when dealing with the Government of Canada |
| Right to gender equality | Protected by the Canadian Human Rights Act, the Canadian Charter of Rights and Freedoms, and the Employment Equity Act |
| Right to equal treatment under the law | Protected by Section 15 of the Canadian Charter of Rights and Freedoms |
| Right to cultural equality | Recognised by Section 27 of the Charter |
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Equality rights in the Canadian Charter
Equality rights in Canada are enshrined in Section 15 of the Canadian Charter of Rights and Freedoms, which guarantees equal protection and benefit of the law without discrimination. This section came into force in 1985, three years after the rest of the Charter. It states that:
> "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."
This means that any law or government action that creates a distinction between people based on these or other grounds, such as sexual orientation, marital status, or citizenship status, and causes a discriminatory impact, violates the Charter's equality guarantee. The Supreme Court of Canada has ruled that a law may be discriminatory even if it appears to treat everyone equally, as was the case in Fraser v Canada (Attorney General).
The Charter also allows for certain laws and programs that aim to improve the conditions of disadvantaged individuals or groups, such as those targeting employment opportunities for women, Indigenous peoples, visible minorities, or those with disabilities. These are protected under subsection 15(2). Affirmative action programs are an expression of equality, not an exception, and do not constitute "reverse discrimination".
Section 15 has been used by various groups seeking to advance their rights in Canadian society, and the Supreme Court has on several occasions reformulated its analytical framework for this section. The Court has also ruled that the Charter's guarantee of certain rights and freedoms does not deny the existence of any other rights or freedoms in Canada.
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Equality under the law for Indigenous Peoples
Equality under the law in Canada means that all citizens are to be treated equally, with no discrimination based on sex, race, age, or disability. The Canadian Charter of Rights and Freedoms, along with the Canadian Human Rights Act, upholds the rights of all individuals under the law.
With regard to Indigenous Peoples, the Canadian Constitution recognizes three distinct groups: Indians (First Nations), Métis, and Inuit. Historically, First Nations people did not have full access to human rights protection due to Section 67 of the Canadian Human Rights Act, which was repealed in 2008. Now, First Nations individuals can report discrimination to the Canadian Human Rights Commission.
The Canadian government has committed to nation-to-nation, government-to-government, and Inuit-Crown relationships, recognizing Indigenous self-governance and laws as critical to the country's future. Section 35 of the Constitution Act, 1982, affirms the existing Aboriginal and treaty rights of Indigenous Peoples and protects their unique connection to their lands.
Additionally, the Charter allows for laws and programs that aim to improve the conditions of disadvantaged groups, including Indigenous Peoples. For example, programs targeting employment opportunities for Indigenous Peoples are permitted under Subsection 15(2). The government acknowledges the importance of cultural traditions and customs in rebuilding Indigenous nations and seeks to uphold the rights of Indigenous Peoples, ensuring non-discrimination, equality, and justice.
Canada, as a founding member of the United Nations, has endorsed the United Nations Declaration on the Rights of Indigenous Peoples, further demonstrating its commitment to equality and human rights for Indigenous Peoples.
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Gender equality laws
Equality under the law in Canada means that all citizens are guaranteed equal protection and benefit from the law without discrimination. This includes discrimination based on sex, gender identity, and gender expression. The Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms are the foundation of gender equality in Canada.
The Canadian Human Rights Act (CHRA) of 1977 protects Canadians employed by or receiving services from the Government of Canada, First Nations governments, or private companies regulated by the federal government from discrimination. The CHRA states that all Canadians have the right to equality, equal opportunity, fair treatment, and freedom from discrimination based on sex, sexual orientation, gender identity or expression, marital status, and family status. The Act created the Canadian Human Rights Commission, which investigates and settles complaints of discrimination, referring them to the Canadian Human Rights Tribunal for adjudication.
The Canadian Charter of Rights and Freedoms, established in 1982, contains two sections that are fundamental to protecting human rights and preventing discrimination. Section 15 of the Charter ensures equal protection and benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, mental or physical disability, sexual orientation, gender identity or expression, and other grounds. The Charter also allows for laws and programs that aim to improve the conditions of disadvantaged individuals or groups, such as programs promoting employment opportunities for women.
In addition to the CHRA and the Charter, other federal laws contribute to gender equality in Canada. The Employment Equity Act aims to achieve equality in the workplace by addressing the conditions of disadvantage experienced by women and other underrepresented groups. The Pay Equity Act, which came into force in August 2021, addresses systemic gender-based discrimination in compensation practices, ensuring equal pay for work in predominantly female job classes. The Department for Women and Gender Equality Act established a department within the Government of Canada dedicated to advancing social, economic, and political equality with respect to sex, sexual orientation, and gender identity or expression.
Canada's commitment to gender equality is also reflected in its international undertakings. The country has ratified United Nations (UN) human rights treaties and International Labour Organization (ILO) Conventions, such as the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the ILO Forced Labour Convention. These international frameworks further reinforce Canada's dedication to promoting and protecting gender equality.
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Equality rights in the Canadian Bill of Rights
Equality under the law in Canada means that everyone is equal and has the right to equal protection and equal benefit of the law without discrimination, especially discrimination based on race, national or ethnic origin, colour, religion, sex, age, or disability. This is guaranteed by the Canadian Charter of Rights and Freedoms, which was adopted in 1982, and applies to all governments – federal, provincial and territorial.
The Canadian Bill of Rights, enacted by Parliament in 1960, also included a guarantee of equality rights. This was interpreted by the Supreme Court as meaning that similarly situated people (individuals within the same distinct group) should be treated the same way. In the case of Bliss v Canada (AG), the Supreme Court said that a law does not violate the Bill's equality guarantee by treating one group differently from other Canadians as long as the law's objective is valid rather than discriminatory.
The Canadian Charter of Rights and Freedoms guarantees equality rights and freedoms subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. The Charter protects the basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country.
The Charter also allows for certain laws or programs that aim to improve the conditions of disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Indigenous peoples, visible minorities, or those with mental or physical disabilities are allowed under subsection 15(2).
Section 15(1) of the Charter promotes equality and protects Canadians from laws and government actions that discriminate against them because of who they are. A law or government action violates the Charter's equality guarantee when it creates a distinction between people based on grounds such as sex, race, age, or disabilities (referred to as "enumerated grounds"), and causes a discriminatory impact. The Supreme Court of Canada has also stated that Canadians can be protected from discrimination on the basis of grounds other than those expressly listed in section 15(1) (referred to as "analogous grounds"). These grounds must be accepted by a court. Examples of analogous grounds recognised by the Supreme Court include sexual orientation, marital status, and citizenship status.
The Charter also ensures that the rights contained within it do not interfere with the rights of Aboriginal Peoples. For example, where Indigenous Peoples are entitled to special benefits under treaties, other persons who do not enjoy those benefits cannot argue that they have been denied the right to be treated equally under section 15 of the Charter.
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Equality rights in the context of employment
Equality under the law in Canada means that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination on the basis of sex, sexual orientation, marital status, family status, race, national or ethnic origin, colour, religion, age, or mental or physical disability. This includes equality rights in the context of employment.
The Canadian Bill of Rights included a guarantee of equality rights, which was interpreted by the Supreme Court to mean that similarly situated people should be treated the same way. In the case of Bliss v Canada, the Supreme Court ruled that a law did not violate the Bill's equality guarantee by treating one group differently as long as the law's objective was valid rather than discriminatory. However, in the case of Tétreault-Gadoury v Canada, the Supreme Court found that a law that denied unemployment benefits to a woman because she was over the age of 65 violated the Charter's equality guarantee. The law perpetuated the stereotype that people over 65 are no longer part of the active working population and should not receive the same benefits as younger people.
To promote gender equality in the workplace, the federal government introduced the Pay Equity Act in 2018, which came into force in August 2021. The Act requires federally regulated employers with 10 or more employees to take a proactive approach to pay equity and correct gender wage gaps within their organizations. The Office of the Pay Equity Commissioner is responsible for administering and enforcing the Act and promoting pay equity.
The Employment Equity Act was created to achieve equality in the workplace and ensure that no person is denied employment opportunities or benefits for reasons unrelated to their ability. The Act aims to correct the conditions of disadvantage in employment experienced by women, Indigenous peoples, persons with disabilities, and members of visible minorities. The Canadian Human Rights Commission established under the Canadian Human Rights Act is responsible for enforcing the Employment Equity Act.
The Canada Labour Code also includes provisions that directly benefit women and support caregivers, who are disproportionately women. These provisions include the right to parental leave, personal leave, and breaks for medical reasons or breastfeeding, as well as the right to refuse overtime to deal with family responsibilities.
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Frequently asked questions
Equality under the law in Canada means that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination on the basis of sex, sexual orientation, marital status, family status, race, national or ethnic origin, colour, religion, age, or mental or physical disability. This is guaranteed by the Canadian Charter of Rights and Freedoms, which came into effect in 1982.
The Canadian Charter of Rights and Freedoms, also known as the Charter, is the legal basis for equality under the law in Canada. Section 15 of the Charter sets out the right to equal protection and benefit of the law without discrimination.
Equality under the law in Canada protects against discrimination by ensuring that laws and government actions do not discriminate against individuals or groups because of who they are. This includes protection from discrimination on the basis of sex, race, age, or disabilities, as well as other grounds recognised by the courts, such as sexual orientation, marital status, and citizenship status.
