Human Rights in Canada

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Human Rights in Canada

How Canada Divides Responsibility for Human Rights

In 1948, with the horrors of WWII still fresh in memory, world leaders gathered at the United Nations
to lay the foundations for a new world order. Unanimously, at an historic session of the
General Assembly, they adopted the Universal Declaration of Human Rights.
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Inspired by ideals of peace and social justice, the Declaration provided a set
of principles that to this day guide human rights law around the world.

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The Charter protects the fundamental freedoms of all Canadians from


policies and actions at all levels of government. For example, laws in
Canada can be struck down by the courts if they are contrary to the
rights and freedoms guaranteed by the Charter.

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The Canadian Human Rights Act


Under the Act, the right to enjoy freedom from
discrimination is protected for everyone in Canada who
receives service from or is employed by the federal public
service. It also applies to private sector companies
that are federally regulated. For example, if you feel
discriminated against while receiving a service at a
bank, or while participating in a federal government
job selection process, these are matters most likely
involving the Canadian Human Rights Act.

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Canadas provinces were among the first to adopt


human rights codes. These applied to areas of activity
under provincial jurisdiction, things like restaurants,
stores, schools, housing and most workplaces. Canadas
territories have also enacted human rights legislation.

The Canadian Charter of Rights and Freedoms

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The Declaration inspired Canadian leaders to enshrine many of the


fundamental human rights championed by the UN into Canadian
law, and at all levels of government. In Canada, protecting
human rights is a shared responsibility, in keeping with the
sharing of powers of governments in Canadas federal
system.

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In 1960, the federal government introduced Canadas


first Bill of Rights, a precursor to the Canadian Charter
of Rights and Freedoms (1982). The Charter was
given significantly more legal force as it is part of the
Constitution. The Charter protects fundamental rights and
freedoms for all Canadians. Importantly, it protects civil and
political rights of all individuals from policies and actions of
government, including legislation.

Provincial/Territorial Laws

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The Canadian Human Rights Tribunal may be called on to decide on complaints that are referred to it
by the Canadian Human Rights Commission. Only the Tribunal has the authority to order a remedy
or award damages.

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The Canadian Human Rights Act (1977) is different. It resembles


the provincial and territorial laws that in many cases preceded it.
The Canadian Human Rights Act is legislation that protects people
against discrimination based on race, age, sex, sexual orientation and
seven other grounds. The Act protects individuals who are either employed
by Canadas federal government or who receive services from it. It also governs
organizations that are federally regulated such as inter-provincial transportation,
banking, broadcasting and some First Nations organizations.

Canadas provincial and territorial governments help


ensure that peoples rights are upheld in all non-federal
areas such as restaurants, schools, housing and most
private sector workplaces. For example, if a landlord refuses
to rent out an apartment based upon a persons race, religion,
sexual orientation, or other grounds specified in law, this is likely
a provincial or territorial matter.

Did you know?


The first draft of the Universal Declaration of Human Rights was
written by a Canadian. John Humphrey was a Canadian lawyer and
scholar who served as Director of Human Rights for the United
Nations Secretariat from 1946 to 1966.

Human Rights in Canada

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