Recently, Quebec Premier François Legault’s government introduced Bill 21 (An Act Respecting the Laicity [Secularism] of the State). Among other things, the Act prohibits public workers in positions of authority (e.g., teachers, police officers, prison guards, Crown prosecutors, government lawyers … [Read more...]
Human Rights and Extradition
Recently, extradition has been front and centre in our news cycle (see: CBC, January 22, 2019 “China accuses U.S., Canada of abusing extradition in Huawei case”). There are very important human rights aspects to the process of extradition. These are critical to our democracy and the rule of law. For … [Read more...]
A Significant Human Rights Event for the Lubicon People
In 1899, Treaty 8 was negotiated with several First Nations groups in Northern Alberta—North East Saskatchewan, Southwest parts of the Northwest Territories and later Eastern British Columbia—resulting in land surrender to the Crown. However, members of the Lubicon Lake Band were left out of the … [Read more...]
Effects of the Notwithstanding Clause on Human Rights
Recently, there has been much discussion of the use of the notwithstanding clause, which is section 33(1) of the Canadian Charter of Rights and Freedoms (Charter). Section 33(1) reads: Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, … [Read more...]
Over-Representation of Indigenous (and other Racialized) Children in the Child Welfare System: Human Rights Aspects
For the past few decades, there has been growing publicity about the over-representation of Indigenous and other minority children in our child welfare systems across Canada. The 2015 findings of the Truth and Reconciliation Commission confirmed that the over-representation of Indigenous children in … [Read more...]
Ameliorative Programs Gaining Recognition in Human Rights Legislation
The Canadian Charter of Rights and Freedoms (Charter) provides protection from discrimination in s 15(1). Section 15(2) allows governments to establish programs to ameliorate historical disadvantage of particular minority groups. These programs are sometimes referred to as “affirmative action … [Read more...]
Sexual Harassment and Sexual Assault in the Workplace: Is this Something New?
There has been a great deal of attention in the media lately about allegations of sexual assault and sexual harassment in the workplace. The current “#MeToo Movement” was thought to have started after public accusations of sexual misconduct by former American film producer Harvey Weinstein. The … [Read more...]
Human Rights Law and Employment: Does Context Trump Relationship?
Human rights legislation across Canada has similarities and differences. Most legislation covers discrimination in specific contexts (such as services customarily available to the public) and membership in professional associations or trade unions, or relationships (such as employment or landlord … [Read more...]
Age Discrimination in Alberta Human Rights Legislation: New Developments
Alberta will be amending its Alberta Human Rights Act RSA 2000, c A-25.5 (“Act”), to expand protections for age discrimination and include improved program protections. Bill 23, which introduced amendments to the Act, was passed on November 14, 2017. These amendments were scheduled to come into … [Read more...]
Justice for Victims of Corrupt Foreign Officials Act: Canada Seeks to Hold Foreign Officials Accountable for Human Rights Abuses
On October 4, 2017, Minister of Foreign Affairs, Chrystia Freeland, announced that the House of Commons passed a Bill that originated in the Senate: the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (as the “Magnitsky Act”). The Bill must be approved again by the Senate … [Read more...]
