Reading Time: 3 minutes 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 example, if another nation involved […]
A Significant Human Rights Event for the Lubicon People
Reading Time: 4 minutes 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 negotiations. This launched several decades of claims and disputes between […]
Effects of the Notwithstanding Clause on Human Rights
Reading Time: 5 minutes 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, as the case may be, that the […]
Over-Representation of Indigenous (and other Racialized) Children in the Child Welfare System: Human Rights Aspects
Reading Time: 6 minutes 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 Canadian child welfare systems has reached a crisis level. Even the United […]
Ameliorative Programs Gaining Recognition in Human Rights Legislation
Reading Time: 5 minutes 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 programs”. While s 15(2) has been in force since 1985, it has only recently achieved a […]
Sexual Harassment and Sexual Assault in the Workplace: Is this Something New?
Reading Time: 5 minutes 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 hashtag #MeToo actually developed from the term “Me Too” […]
Human Rights Law and Employment: Does Context Trump Relationship?
Reading Time: 5 minutes 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 and tenant). Many also cover statements made in public. People are often protected from discrimination on […]
Age Discrimination in Alberta Human Rights Legislation: New Developments
Reading Time: 4 minutes 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 force on January 1, 2018. The changes were prompted […]
Justice for Victims of Corrupt Foreign Officials Act: Canada Seeks to Hold Foreign Officials Accountable for Human Rights Abuses
Reading Time: 5 minutes 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 before it becomes law. It is […]
Interveners in Human Rights Cases
Reading Time: 5 minutes Canadian courts, even though they are not litigants, third parties may have an interest in intervening in court proceedings because the court’s judgment may affect them or others whom they represent. They often have information that they believe may be relevant to the courts in making their decisions. In Canada, interveners usually appear in appellate […]