Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause. Sometimes referred to as the override power, it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter. The clause was part of the 'Kitchen Accord' of 1981.
The Charter of Human Rights and Freedoms, also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson.
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. The code is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Canadian lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
In Canada, appeals by the judiciary to community standards and the public interest are the ultimate determinants of which forms of expression may legally be published, broadcast, or otherwise publicly disseminated. Other public organisations with the authority to censor include some tribunals and courts under provincial human rights laws, and the Canadian Radio-television and Telecommunications Commission, along with self-policing associations of private corporations such as the Canadian Association of Broadcasters and the Canadian Broadcast Standards Council.
The Combines Investigation Act, 1923, was a Canadian Act of Parliament that regulated certain anti-competitive corporate business practices. It prohibited monopolies, misleading advertising, bid-rigging, price fixing, and other means of limiting competition.
Section 13 of the Canadian Human Rights Act was a provision of the Canadian Human Rights Act dealing with hate messages. The provision prohibited online communications which were "likely to expose a person or persons to hatred or contempt" on the basis of a prohibited ground of discrimination. Complaints under this section were brought to the Canadian Human Rights Commission and if the Commission found sufficient evidence, the case would be heard by the Canadian Human Rights Tribunal. Section 13 was repealed by the Parliament of Canada effective June 2014.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.
The Human Rights Code is a provincial law in the province of British Columbia, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The code's goal is to prevent discrimination and harassment because of race, colour, sex, gender identity or expression, sexual orientation, disability, creed, age and other grounds.
This article gives a broad overview of lesbian, gay, bisexual and transgender (LGBT) history in Canada. LGBT activity was considered a crime from the colonial period in Canada until 1969, when Bill C-150 was passed into law. However, there is still discrimination despite anti-discrimination law. For a more detailed listing of individual incidents in Canadian LGBT history, see also Timeline of LGBT history in Canada.
The Human Rights Act 2003 (Act) is an Act of the Legislative Assembly of Nunavut, the majority of which came into effect on November 5, 2004. The stated purposes of the Act are "to acknowledge within the framework of Inuit Qaujimajatuqangit that the Government, all public agencies, boards and commissions and all persons in Nunavut have the responsibility to guarantee that every individual in Nunavut is afforded an equal opportunity to enjoy a full and productive life and that failure to provide equality of opportunity threatens the development and well-being of all persons in the community." The Act explicitly does not affect any protections provided for by the Nunavut Land Claims Agreement. A notable achievement of this legislation was to end Nunavut's status as the only jurisdiction in Canada without protections for gay, lesbian and bisexual residents against discrimination.
The Saskatchewan Human Rights Commission is a body within the Government of Saskatchewan whose mission is "To promote and protect the individual dignity, fundamental freedoms and equal rights of Saskatchewan citizens." It enforces the Saskatchewan Human Rights Code.
Saskatchewan Human Rights Commission v Whatcott is a Canadian constitutional law case concerning the constitutionality of the hate speech provision in Saskatchewan's human rights legislation.
An Act to amend the Canadian Human Rights Act and the Criminal Code is a law passed in 2017 by the Parliament of Canada. It was introduced as Bill C-16 of the first session of the 42nd Parliament. The law adds gender expression and gender identity as protected grounds to the Canadian Human Rights Act, and also to the Criminal Code provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".
