Cecily Zamora
Human rights in Canada are protected by federal, provincial and territorial laws. The Canadian Charter of Rights and Freedoms, entrenched in the Constitution of Canada in 1982, guarantees broad equality rights and other fundamental rights such as freedom of expression, freedom of assembly and freedom of religion. The Canadian Human Rights Act, a federal statute enacted in 1977, also protects people in Canada from discrimination when receiving services from the federal government, First Nations governments or private companies regulated by the federal government. The Act created the Canadian Human Rights Commission, which investigates claims of discrimination, and the Canadian Human Rights Tribunal, which judges the cases. Internationally, Canada is a signatory to multiple human rights treaties and ranks among the highest globally in measurements of civil rights.
| Characteristics | Values |
|---|---|
| Human rights protection mechanisms | Constitutional entitlements and statutory human rights codes (federal and provincial) |
| Human rights claims investigation | Canadian Human Rights Commission or provincial human rights commission |
| Human rights claims adjudication | Canadian Human Rights Tribunal or provincial human rights tribunal |
| Exceptions to tribunal adjudication | Saskatchewan (claims are adjudicated by the superior trial court of the province) |
| Constitutional rights | Political, mobility, equality, freedom of expression, assembly, and religion |
| Religious freedom | Freedom of religious speech, freedom to declare and manifest religious beliefs |
| Equality before the law | Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination |
| Anti-discrimination | Prohibits discrimination based on race, religion, national origin, sex, ethnic origin, age, marital status, physical disability, sexual orientation, gender identity or expression, and pardoned conviction |
| Human rights legislation | Canadian Charter of Rights and Freedoms, Canadian Human Rights Act |
| Human rights treaties | Canada is a signatory to multiple human rights treaties, including the seven principal UN human rights conventions and covenants |
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What You'll Learn
The Canadian Human Rights Act
The CHRA established the Canadian Human Rights Commission, which investigates claims of discrimination, and the Canadian Human Rights Tribunal, which judges cases. Before a case can be brought to the Tribunal, it must go through several stages of investigation and remediation by the Commission. After this process, if the parties are not satisfied, the case proceeds to the Tribunal. If a complainant can demonstrate valid discrimination, the defendant can rebut their claim by showing that their practice was justified. This process is known as the "Meiorin test," similar to the Oakes test in a Charter challenge.
The CHRA has been amended several times to include additional protected categories. In 1996, sexual orientation was added, and in 2017, "gender identity or expression" was included in the legislation. The Act covers individuals employed by or receiving services from the federal government, First Nations governments, or private companies regulated by the federal government, such as banks and airlines.
The CHRA is one of the two main federal pieces of human rights legislation in Canada, alongside the Canadian Charter of Rights and Freedoms, which guarantees broad equality rights and fundamental freedoms. Human rights in Canada are protected by federal, provincial, and territorial laws, with the country being a signatory to multiple international human rights treaties.
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The Canadian Charter of Rights and Freedoms
Human rights in Canada are protected by federal, provincial and territorial laws. The Canadian Charter of Rights and Freedoms, which came into force on 17 April 1982, is part of the country's Constitution. The Charter protects every Canadian's right to be treated equally under the law. It guarantees broad equality rights and other fundamental rights such as freedom of expression, freedom of assembly, and freedom of religion.
The Charter applies to governments, but not to organisations, businesses, or people. It also protects the rights of all Canadians from infringements by laws, policies, or actions of governments, including authorities such as the police. The Charter guarantees rights equally to males and females, and it must be interpreted in a way that preserves and enhances the multicultural heritage of Canadians. It also guarantees the freedom of conscience, religion, thought, belief, opinion, and expression, including freedom of the press and other means of communication.
The Charter gives everyone the right to gather and act in peaceful groups, as well as the right to belong to an association like a trade union. These freedoms are set out in the Charter to ensure that Canadians are free to create and express their ideas, gather to discuss them, and communicate them widely to other people. These activities are basic forms of individual liberty and are important to the success of a democratic society.
The rights and freedoms in the Charter are not absolute, however. They can be limited to protect other rights or important national values. For example, freedom of expression may be limited by laws against hate propaganda or child pornography. Section 1 of the Charter states that Charter rights can be limited by law, as long as those limits are reasonable in a free and democratic society.
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Equality rights
Human rights in Canada are protected by federal, provincial, and territorial laws. The current legal framework for human rights in Canada includes constitutional entitlements and statutory human rights codes, both federal and provincial. The Canadian Charter of Rights and Freedoms, established in 1982, is part of Canada's Constitution and guarantees broad equality rights. It ensures that every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination, particularly based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. This includes the recognition and enforcement of the rights of minority and disadvantaged groups. The Charter also allows for laws or programs that aim to improve the conditions of these groups, such as programs to enhance employment opportunities for women, Indigenous peoples, and people with disabilities.
The Canadian Human Rights Act of 1977 is another crucial piece of legislation that protects individuals in Canada from discrimination when they are employed by or receive services from the federal government, First Nations governments, or private companies regulated by the federal government. It states that all Canadians have the right to equality, equal opportunity, fair treatment, and freedom from discrimination based on sex, sexual orientation, marital status, and family status. The Act was last amended on August 19, 2024.
Canada has also addressed various progressive rights issues, including discriminatory rights, assisted suicide rights, patient rights, parents' rights, children's rights, LGBTQ rights, abortion rights, minority rights, rights of the disabled, Indigenous rights, tenant rights, and economic, social, and political rights. Despite Canada's high ranking in civil rights measurements, there are significant historical and ongoing issues of racism and discrimination against Indigenous peoples, visible minorities, migrants and refugees, and religious and linguistic minorities in Quebec.
To promote gender equality, Canada has enacted the Employment Equity Act, which aims to achieve equality in the workplace by addressing disadvantages faced by women, Indigenous peoples, people with disabilities, and members of visible minorities. The Pay Equity Act, which came into force in August 2021, addresses systemic gender-based discrimination in compensation practices, ensuring equal pay for work of equal value. Additionally, the Department for Women and Gender Equality Act transformed Status of Women Canada into a government department dedicated to advancing gender equality across all aspects of Canadian society.
Canada's human rights laws are founded on the Universal Declaration of Human Rights of 1948, which was significantly influenced by Canadian lawyer and scholar John Humphrey. This declaration provided a list of 30 universal human rights, with the first two articles focusing on equality and freedom from discrimination.
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Freedom of religion
Human rights in Canada are protected by federal, provincial, and territorial laws. The Canadian Charter of Rights and Freedoms, enacted in 1982, is part of the Canadian Constitution and guarantees freedom of religion for private individuals and some organisations. The Charter protects the right to follow the religion of one's choice and guarantees freedom of thought, belief, opinion, and expression. This includes freedom of religious speech, encompassing the right to hold and declare religious beliefs without fear of reprisal, as well as the right to manifest religious belief through worship, practice, teaching, and dissemination.
The Charter also ensures that religious freedoms are protected from state interference. However, the actions of private individuals are largely governed by provincial human rights codes, which prohibit discrimination in the marketplace, accommodation, and employment on the basis of religion. While the Charter upholds freedom of religion, it also recognises that these rights and freedoms are not absolute. They can be limited to protect other rights or important national values, such as laws against hate propaganda or child pornography, which may restrict freedom of expression.
Canada's commitment to freedom of religion is reflected in its multicultural and multi-faith society, which includes Indigenous Peoples, linguistic diversity, and a history of immigration and integration. The country actively promotes and protects freedom of religion as an important aspect of its global engagement. Global Affairs Canada's Office of Human Rights, Freedoms and Inclusion serves as a focal point for consultation with faith and belief communities, aiming to advance freedom of religion and human rights more broadly.
Canada's efforts to advance freedom of religion internationally include advocating for persecuted religious communities, opposing religious hatred and discrimination, and supporting dialogue among different faith groups. The country's commitment to freedom of religion is also demonstrated by its participation in international initiatives such as the ICG, which provides a platform to address the growing repression of the right to believe and worship freely.
While Canada generally ranks highly in measurements of civil rights, there have been concerns regarding religious freedom in certain areas. These include public funding of religious education in some provinces, limitations on religious freedom in Quebec, and conflicts between anti-discrimination laws and religiously motivated discrimination.
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Indigenous rights
Canada has a history of systemic racial discrimination, particularly towards Indigenous persons, including the modern-day plight of violence faced by Indigenous women, excessive force used by law enforcement, and racial profiling. Despite this, Canada ranks among the highest globally in measurements of civil rights.
The Canadian Constitution recognizes three distinct groups of Indigenous (Aboriginal) peoples: Indians (referred to as First Nations), Métis, and Inuit. The rights of Indigenous peoples are upheld by the Canadian government, which has committed to achieving reconciliation with Indigenous peoples through a renewed, nation-to-nation, government-to-government, and Inuit-Crown relationship. This relationship, including existing Aboriginal and treaty rights, is recognized and affirmed in Section 35 of the Constitution Act, 1982. Section 35 contains a full box of rights and promises that Indigenous nations will become partners in Confederation based on a fair and just reconciliation between Indigenous peoples and the Crown.
Indigenous peoples have a special constitutional relationship with the Crown, and the government recognizes that Indigenous self-government and laws are critical to Canada's future. The government also acknowledges that strong Indigenous cultural traditions and customs, including languages, are fundamental to rebuilding Indigenous nations.
In 2008, Section 67 of the Canadian Human Rights Act (CHRA) was repealed, allowing First Nations individuals to make complaints of discrimination to the Canadian Human Rights Commission (CHRC) relating to decisions or actions arising from, or pursuant to, the Indian Act.
Canada is a founding member of the United Nations and endorses the United Nations Declaration on the Rights of Indigenous Peoples, which was adopted by the General Assembly in 2007. The implementation of this declaration requires transformative change in the government's relationship with Indigenous peoples. The UN Declaration is a statement of the collective and individual rights necessary for the survival, dignity, and well-being of Indigenous peoples worldwide.
Indigenous philosopher and scholar Dale Turner has suggested that Aboriginal peoples must be central to defining their rights if Aboriginal rights discourse is to be appropriately incorporated into the Canadian legal landscape.
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Frequently asked questions
The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977. It was designed to ensure equality of opportunity and prohibit discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted.
The Canadian Charter of Rights and Freedoms is a part of Canada's Constitution, entrenched in 1982. It is the highest law of the land and protects the rights of all Canadians from infringements by governments, laws, policies, or actions of authorities. It guarantees broad equality rights and other fundamental freedoms, including freedom of expression, assembly, and religion.
Human rights law in Canada has evolved over time, with the first standalone human rights laws appearing in the mid-20th century. The Canadian Bill of Rights, passed in 1960, was an important step in recognizing and declaring fundamental rights and equality before the law. However, it had limitations and did not have constitutional force. The Canadian Human Rights Act in 1977 and the Canadian Charter of Rights and Freedoms in 1982 further strengthened and expanded human rights protections in Canada.
Some key milestones include:
- Ontario's Racial Discrimination Act in 1944, the first legislation dedicated to anti-discrimination.
- The Saskatchewan Bill of Rights in 1947, Canada's first bill of rights, protecting civil liberties and prohibiting racial discrimination.
- The Universal Declaration of Human Rights in 1948, which Canada helped draft and adopt, sparking a global human rights revolution.
- The Canadian Bill of Rights in 1960, addressing fundamental freedoms and equality rights.
- The Ontario Human Rights Code in 1962, formally recognizing the social and economic consequences of discrimination.
- The Canadian Human Rights Act in 1977, further prohibiting discrimination and ensuring equal opportunity.
- The Canadian Charter of Rights and Freedoms in 1982, providing a broad range of rights and freedoms as part of the Constitution.
