Human Rights in Canada

The Canadian Charter of Rights and Freedoms sets out the rights and freedoms that Canadians believe are necessary in a free and democratic society. The Charter protects a number of rights and freedoms, including freedom of expression and the right to equality.

False. The Canadian Charter of Rights and Freedoms was included in the Constitution with the signature of the Canada Act on April 17, 1982.

Canada is party to seven international human rights treaties:

1. International Covenant on Civil and Political Rights
2. International Covenant on Economic, Social and Cultural Rights
3. International Convention on the Elimination of All Forms of Racial Discrimination
4. Convention on the Elimination of All Forms of Discrimination against Women
5. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
6. Convention on the Rights of the Child
7. Convention on the Rights of Persons with Disabilities

False. Only domestic laws are directly enforceable in Canada. However, Canadian courts do look to Canada’s international human rights obligations to interpret Canadian laws, including the Charter.

Canada is already party to:

1. the Convention on the Rights of the Child since December 13, 1991;
2. the Optional Protocol to the Convention of the Rights of the Child on the Involvement of Children in Armed Conflict since July 7, 2000; and,
3. the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.

However, Canada has yet to become party to the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure. This protocol enables a child or group of children to submit a “communication” (complaint) to the UN Committee on the Rights of the Child about specific violations of their rights.

True. Canada is not a party to the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families. This is one of the nine core international human rights instruments of the United Nations and was adopted on December 18, 1990.

False. Canada announced its full support of the United Declaration on the Rights of Indigenous Peoples in May of 2016.

The Canadian Human Rights Act deals with the protection of Canadians from discrimination when they are employed by or receive services from the federal government, First Nations governments or private companies that are regulated by the federal government (such as banks, trucking companies, broadcasters and telecommunications companies).

The Canadian Human Rights Commission operates independently from government. As Canada’s human rights watchdog, the Commission is responsible for representing public interest and holding the Government of Canada accountable on matters related to human rights.

The Continuing Committee of Officials on Human Rights (CCOHR) is the principal intergovernmental body responsible for consultation and collaboration among governments in Canada with respect to the adherence to and domestic implementation of international human rights treaties.

The Continuing Committee of Officials on Human Rights was established in 1975.

True. The Canadian Government initially abstained from voting on the draft of the Declaration in a preliminary vote held on December 7, 1948. 3 days later, on December 10, 1948, Canada voted in favour of the Declaration.