Human Rights A QUICK HISTORICAL OVERVIEW. Assumptions Reality The land was “discovered”, empty and available for colonization Aboriginal peoples lived.

Human Rights

A QUICK HISTORICAL OVERVIEW

AssumptionsAssumptions RealityReality

The land was “discovered”, empty and available for colonization

Aboriginal peoples lived all over the land – their ways of living on the land and holding the land was different from Europeans.

The Land Now Called Canada

AssumptionAssumption RealityReality

Aboriginal people were “savages” that needed to be civilized.

Aboriginal people had sophisticated cultures , complex political organizations and spiritual beliefs

The peoples

Treaties in Canada

There have been no treaties signed in much of Canada - where they have been signed they provided little compensation and the terms and conditions have not been met. Aboriginal peoples often had little choice but to sign treaties as they could no longer live in traditional ways as a result of colonization, disease, and hunger

Colonization of Canada

• Men who owned land and were of British heritage slowly gained political rights – to vote and have representative government

• Male settlers of French heritage, here long before the British, were given some of the same rights as British settlers.

• Aboriginal people and women had no political rights, no right to hold land, or to enter most professions

• Aboriginal peoples were viewed the responsibility of government, almost like “children” with all important decisions made by government

ChineseChinese

Men were:• paid less for their labour• not allowed to bring their

families to Canada • required to pay a head

tax which rose from $50 to $550 to enter the country

• Not allowed to vote until 1947

Japan restricted immigration to Canada to save “face”

Japanese Canadians had their homes and property taken away and were interned in camps during WWII.

Not allowed to vote until 1948

Treatment of Asian Immigrants

JapaneseJapanese

Rights for Women

1871 – first women admitted to medical school in Ontario, 1897 – the first woman to practice law

Gained the right to vote between 1916 and 1925 (except in Quebec, which did not grant the right to vote until 1940)

In 1929, through the “Person’s Case” ,it was determined that women were persons under the law and could be appointed to the Senate.

Many laws treated women differently than men – divorce, wages and hours of work, residency, land ownership.

Rights of other minorities

• Anti-Semitism was prevalent in Canadian society - many industries did not hire Jews and they were often excluded from working in universities, hospitals and law firms

Immigration from India was restricted, and Canadians of Indian heritage were not given the vote until 1947

People with disabilities were often housed in large institutions and not integrated into community life.

Being gay was illegal - men were jailed, beaten and killed because of their sexual orientation

DECEMBER 10, 1948

Established the responsibility of governments to treat all citizens equally. Equality was defined as treating all persons the same

Universal Declaration of Human Rights

Universal Declaration of Human Rights

Article 1. - All human beings are born free and equal in dignity and rights

Article 2. - Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Specific Rights (not a complete list)

life, liberty and security of person;no slavery in all its forms or trading in slavesno torture or cruel, inhuman or degrading treatment;equal protection under the law;no arbitrary arrest or detainment;fair and public hearings when facing a criminal charge;freedom of movement within the borders of the state;to leave and return to your country;to marry and found a family, with the free and full

consent of the intended spouse

1950’sThe passing of the International Declaration of Human Rights began spurring Canadian provinces and the federal government to change discriminatory laws . Citizens also were empowered to challenge in the courts what they saw as discriminatory laws and practices.

Elimination of restrictive covenants on land purchases based on race

Passing of fair employment practices legislation, making it illegal to discriminate based on race

Passing of fair wage laws for women Laws prohibiting racial restrictions

on the provision of accommodation and restaurant services were passed

Beginning challenges to discrimination based on religious or political beliefs – Doukhobors in B.C. and Jehovah’s Witnesses in Quebec.

“A right without a remedy is no right” Legal maxim

1960’sSaw the development of unified codes in most provinces and federally – these codes prohibited discrimination in employment, services, and accommodation.

These laws:

•identified discrimination as a serious societal problem which needed to be remedied

•recognized discrimination initially based on race, creed, colour, nationality or place of origin and, later, sex, age, political beliefs and the beginning of disability rights.

•were the first to actually provide an easy mechanism to acquire justice. The laws were supported by an independent commission with paid staff to receive complaints and determine a remedy.

As an integral part of the constitution the rights enshrined in the charter cannot be easily changed. They are fundamental rights for all Canadians which governments cannot contravene “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

The Canadian Charter of Rights and Freedom

Canadian Charter of Rights and Freedoms

The notion of equality was further developed to include the idea that in order to have real equality sometimes differential treatment is required.

Examples of differential treatment to create equality:

• Employment protection for pregnant women

• Accommodation for people with disabilities

• Accommodation for non majority religious holy days and religious beliefs in the workplace

Impact of Charter – Example:Gay & Lesbian Rights

A teacher was fired because he was gay but he could not file a complaint as the Alberta code did not protect people from discrimination based on sexual orientation. Using the Charter, the Supreme Court "read in" gay rights to the list of rights protected under Alberta Human Rights legislation.

Courts across the country legalized marriage between same-sex couples in many provinces before the federal government changed the definition of marriage.

2009We are not a perfect society. While we have made great strides in creating a more just and equal society there are still many inequities left to address

Inequities Continue

Rights to be Achieved

Justice and equality for Aboriginal people – e.g. treaty negotiations, self-governance, education, poverty, water, housing, etc.

Rights for transgender people – access to health services, full protection under the law, stigma, discrimination and violence

Outstanding issues

Women still earn less than menPeople with disabilities do not complete post-secondary studies or enter employment at the same rates as their non-disabled peers

Racialized people still earn less than their white peers

Equality for all

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равность

평등

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ισότητα

gleichheit