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Journal articles on the topic 'Human rights – Canada'

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Published: 4 June 2021

Last updated: 29 July 2024

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1

De Merieux, Margaret. "Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights." Netherlands Quarterly of Human Rights 14, no. 1 (March 1996): 23–33. http://dx.doi.org/10.1177/092405199601400103.

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The decision of the Human Rights Committee in Kindler vs. Canada1 marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada2 and Cox vs. Canada.3 The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.

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2

Savage, Larry. "Workers' Rights as Human Rights." Labor Studies Journal 34, no. 1 (January 5, 2009): 8–20. http://dx.doi.org/10.1177/0160449x08328889.

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In the wake of a series of prolabor Supreme Court decisions in Canada, the mantra of “workers' rights as human rights” has gained unprecedented attention in the Canadian labor movement. This article briefly reviews the Canadian labor movement's recent history with the Supreme Court before arguing that elite-driven judicial strategies, advocated by several academics and Canadian unions, threaten, over time, to depoliticize traditional class-based approaches to advancing workers' rights. The argument is premised on the notion that liberal human rights discourse does little to address the inequalities in wealth and power that polarize Canadian society along class lines.

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3

Webster, David. "Canada and bilateral human rights dialogues." Canadian Foreign Policy Journal 16, no. 3 (October 2010): 43–63. http://dx.doi.org/10.1080/11926422.2010.9687319.

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4

Yalden, Maxwell, and Evelyn Kallen. "Ethnicity and Human Rights in Canada." Canadian Public Policy / Analyse de Politiques 21, no. 4 (December 1995): 477. http://dx.doi.org/10.2307/3551353.

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5

Clément, Dominique. "Renewing Human Rights Law in Canada." Osgoode Hall Law Journal 54, no. 4 (October 13, 2017): 1311–40. http://dx.doi.org/10.60082/2817-5069.3191.

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6

Cohen, Miriam, and Martin-Olivier Dagenais. "The Implementation of Economic, Social and Cultural Rights in Canada: Between Utopia and Reality." Constitutional Review 7, no. 1 (May 31, 2021): 26. http://dx.doi.org/10.31078/consrev712.

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Canada has been at the forefront of the recognition of human rights, including economic, social and cultural rights (ESC rights) in the international scene. As a party to the International Covenant on Economic, Social and Cultural Rights,1 Canada has, over the years, implemented in legislation and case-law some ESC rights such as the right to health, education and social welfare.While ESC rights were not explicitly identified in the Charter of Rights and Freedoms,2 which forms part of the Canadian Constitution, ESC rights in different forms have received some protection in the Canadian legal order. An analysis of the Canadian record with respect to ESC rights demonstrates the immense gap between a glorified image of Canada as an international human rights proponent (the ‘utopia’) and the actual implementation of internationally recognized human rights in Canada (the ‘reality’). As Canada is bound to face major transformational changes to its economy and social fabric in the years to come, the Courts will have to adapt quickly and efficiently to ensure a smooth transition. This paper overviews the evolution of the case-law on ESC rights in Canada in light of its international obligations, and suggests, the relevant ESC rights jurisprudence signals a disconnect with Canada’s international obligation ‘requiring progressive implementation to the maximum of available resources by all appropriate means.’

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7

Schabas, William A. "Canadian Ratification of the American Convention on Human Rights." Netherlands Quarterly of Human Rights 16, no. 3 (September 1998): 315–42. http://dx.doi.org/10.1177/092405199801600304.

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When Canada joined the Organisation of American States in 1990, it promised that it would ratify the American Convention on Human Rights in short order. Eight year later, Canada has still not taken this step. Although the provisions of the Convention largely reflect those of other human rights treaties, to which Canada is a party, a few serious and several rather petty objections have been raised to certain provisions. The most important concerns the right to life text, which suggests limits on the possibility of legalising abortion. But on this point, and others, Canada may enter reservations to the Convention. Although this solution is not ideal, in the long run it is less damaging to Canada's human rights profile, and to the health of the inter-American system, than the continued refusal to participate in Convention system.

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8

Adams, Eric M. "Human rights at work: Physical standards for employment and human rights law." Applied Physiology, Nutrition, and Metabolism 41, no. 6 (Suppl. 2) (June 2016): S63—S73. http://dx.doi.org/10.1139/apnm-2015-0552.

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This review focuses on the human rights dimensions of creating and implementing physical standards for employment for prospective and incumbent employees. The review argues that physical standards for employment engage two fundamental legal concepts of employment law: freedom of contract and workplace human rights. While the former promotes an employer’s right to set workplace standards and make decisions of whom to hire and terminate, the latter prevents employers from discriminating against individuals contrary to human rights legislation. With reference to applicable human rights legislative regimes and their judicial interpretation in Canada, the United States, the United Kingdom, and Australia, this review demonstrates the judicial preference for criterion validation in testing mechanisms in the finding of bona fide occupational requirements. With particular attention to the Supreme Court of Canada decision in Meiorin, this review argues that an effective balance between workplace safety and human rights concerns can be found, not in applying different standards to different groups of individuals, but in an approach that holds employers to demonstrating a sufficient connection between a uniform physical standard of employment and the actual minimum requirements to perform the job safety and efficiently. Combined with an employer’s duty to accommodate, such an approach to lawful physical standards for employment conceives of worker and public safety and workplace diversity as emanating from a shared concern for human rights.

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9

St-Hilaire, Maxime, and Marie-Lou Laprise. "The codification of human rights in Canada." Revue de droit. Université de Sherbrooke 42, no. 3 (2012): 505–69. http://dx.doi.org/10.17118/11143/10280.

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10

Mole, Stuart. "Editorial: Canada, the Commonwealth and Human Rights." Round Table 103, no. 3 (May 4, 2014): 261–64. http://dx.doi.org/10.1080/00358533.2014.920588.

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11

St-Hilaire, Maxime, and Marie-Lou Laprise. "THE CODIFICATION OF HUMAN RIGHTS IN CANADA." Revue de droit de l'Université de Sherbrooke 42, no. 3 (2012): 505. http://dx.doi.org/10.7202/1105996ar.

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12

Al-Sharieh, Saleh. "Securing the Future of Copyright Users’ Rights in Canada." Windsor Yearbook of Access to Justice 35 (May 30, 2018): 11–39. http://dx.doi.org/10.22329/wyaj.v35i0.5109.

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The Copyright Act includes a set of copyright infringement exceptions that permit the unauthorized use of copyrighted works in order to serve public interest objectives. The Supreme Court of Canada liberally interpreted these exceptions as “users’ rights” by relying on the purpose of the Act, understood as a balance between the authors’ right to be rewarded for their works and the public interest in the dissemination and use of works. The utility of copyright balance to safeguard users’ rights is uncertain. The Act does not explicitly adopt “balance” as a purpose. National and international copyright law traditionally recognize the users’ side in the copyright law balance in copyright exceptions and limitations. And, in copyright law discourse, different stakeholders propose and defend conflicting forms of balance. Therefore, the paper argues that a human rights-based approach to copyright exceptions is more persuasive in justifying their interpretation as users’ rights. Copyright users’ rights mirror the content of the human rights to participate in culture, education, and freedom of expression, which Canada is obliged to implement as a State Party to the International Covenant on Economic, Social and Cultural Rights and International Covenant on Civil and Political Rights. The proposed approach would align the discourse with key elements of Canadian jurisprudence: (1) human rights as reinforcers of the rule of law; (2) international human rights law as an interpretive tool for Canadian courts; and (3) the need to interpret Canadian legislation in a manner that does not breach international obligations.

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13

Howe, R. Brian, and Malcolm J. Andrade. "The Reputations of Human Rights Commissions in Canada." Canadian journal of law and society 9, no. 2 (1994): 1–20. http://dx.doi.org/10.1017/s082932010000363x.

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AbstractThe purpose of this paper is to report on a study of the reputations of provincial human rights commissions in Canada among interested community organizations, women's groups, and minority groups. The focus of the study was on the reputations of commissions for effectiveness, responsiveness, and fairness in handling human rights complaints and implementing programmes against discrimination. The study was designed to test for an hypothesized relation between levels of public funding of commissions and their reputations in the above areas. It was anticipated that the lower the commission's funding the poorer the commission's reputation. Results of the study show that while commissions have generally poor reputations among community organizations, their low ratings are not related to levels of funding. The suggestion made is that poor reputations may be related to other factors such as high community expectations of rights delivery in an increasingly rights-conscious political culture and the structure of human rights procedure.

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14

Clément, Dominique. "State Funding for Human Rights Activism: Channeling Protest?" American Behavioral Scientist 61, no. 13 (November 2017): 1703–28. http://dx.doi.org/10.1177/0002764217744133.

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Channeling theory posits that external funding for social movements, rather than coopting activism, channels activism into more structured and less militants forms. Studies on channeling, however, focus on private funding. The following article examines whether public funding has a comparable effect on social movements. Using the human rights movement in Canada as a case study, it examines several issues relating to channeling: why funders support activism; funding as social control or altruism; how funding is related to consolidating movement gains; and the impact of funding on mobilization, activism, and internal movement dynamics. To address these questions, this article draws on an innovative new data set that includes lists of grants extracted from more than 30 years of government budgets in Canada. It also draws on several years of archival research on a network of 19 organizations in every region of Canada, as well as interviews with former members of these organizations. In addition to demonstrating that public funding has a comparable channeling effect as private funding, this article provides the first comprehensive survey of the extent of state funding for the human rights movement in Canada.

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15

Falardeau-Ramsay, Michelle. "THE CHANGING FACE OF HUMAN RIGHTS IN CANADA." Constitutional Forum / Forum constitutionnel 4, no. 1 - 4 (October 11, 2011): 1993. http://dx.doi.org/10.21991/c9tw8d.

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16

Tunnicliffe, Jennifer. "Canada and the Human Rights Framework: Historiographical Trends." History Compass 12, no. 10 (October 2014): 807–17. http://dx.doi.org/10.1111/hic3.12197.

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17

Duhaime, Bernard. "Canada and the Inter-American Human Rights System." International Journal: Canada's Journal of Global Policy Analysis 67, no. 3 (September 2012): 639–59. http://dx.doi.org/10.1177/002070201206700306.

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18

Gillies, David. "Canada and International Human Rights: The Road Ahead." Netherlands Quarterly of Human Rights 8, no. 4 (December 1990): 361–70. http://dx.doi.org/10.1177/016934419000800402.

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19

Major, Marie-France. "Reporting to the Human Rights Committee: The Canadian Experience." Canadian Yearbook of international Law/Annuaire canadien de droit international 38 (2001): 261–85. http://dx.doi.org/10.1017/s0069005800007402.

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SummaryIn 1966, the General Assembly of the United Nations adopted the Covenant on Civil and Political Rights. Once it had acceded to the Covenant, Canada undertook the obligation to make regular reports to the Human Rights Committee (the independent body of experts established under the Covenant) in regard to its protection of human rights and its progress in implementing the new treaty. In the next few pages, the four reports submitted by Canada, as well as the comments issued by committee members in the course of analysis of these reports, are examined, so as to get a better sense of whether, and to what extent, Canada is fulfilling its Covenant commitments.

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20

Piñero, Verónica B. "Canadian International Human Rights Obligations in the Context of Assisted Human Reproduction." Canadian Yearbook of international Law/Annuaire canadien de droit international 46 (2009): 193–240. http://dx.doi.org/10.1017/s0069005800009577.

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SummaryIn Canada, as in most countries, assisted human reproduction has become accessible treatment for individuals who wish to conceive. Scientific advancements in the area of human reproduction have led to the enactment of legislation that attempts to regulate this novel field. The Canadian Assisted Human Reproduction Act (2004) identifies the health and wellbeing of children born through reproductive technologies as a paramount principle in all decisions respecting their use. On the other hand, and surprisingly, the statute restricts access by offspring to information that can lead to identification of their genitors. The disclosure of donors’ identity to the recipients of reproductive materials is quite limited. According to this article, this legislation is in violation of international human rights law on health, identity, and family relations to which Canada is a party. The first part of the article explores international human rights law on identity, health, and family relations rights that Canada has signed, ratified, or acceded to. The second part discusses whether the Canadian legal system is in line with the relevant international human rights obligations identified earlier and asserts that there is scope for judicially interpreting Canadian law in such a way that would conform to those obligations.

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21

Thompson, Andrew S. "Canada, human rights, and the future of the liberal international order." International Journal: Canada's Journal of Global Policy Analysis 73, no. 2 (June 2018): 299–307. http://dx.doi.org/10.1177/0020702018788550.

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Human rights—specifically international human rights law—have been central to the success of the liberal international order. But since the founding of the United Nations (UN), Canada has had a complicated relationship with international human rights law. This article provides a survey of sixty years of Canadian human rights diplomacy at the UN Commission on Human Rights, from its establishment in 1946 to its dissolution in 2006. During this period, there were moments when Canada did champion new international law, and did so courageously. Yet there were others, such as during negotiations to recognize and codify the rights of Indigenous peoples, when it stood in the way of progress. But the international order that has served Canada so well since the end of the Second World War is under threat, due to a combination of shifts in the global balance of power, and critical challenges such as climate change. If it is to survive into the twenty-first century, advanced democracies such as Canada will need to lead in the development and enforcement of international human rights law, a role that governments in Ottawa have at various times been reluctant to play.

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22

Vasilyeva, Tatyana A. "Interpretation of Equality of Rights in the Canadian Charter of Rights and Freedoms and the Practice of the Canadian Supreme Court." Constitutional and municipal law 11 (November 5, 2020): 67–72. http://dx.doi.org/10.18572/1812-3767-2020-11-67-72.

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The Canadian system of human rights protection is an original one. The Supreme Court of Canada is one of the most influential constitutional review bodies in the field of human rights. At the time of its adoption, the Canadian Charter of rights and freedoms had the broadest catalog of equality rights in Western countries, formed on the basis of the Bill of rights and provincial human rights codes case-law, as well as the activities of political movements and groups of equality advocates who played a decisive role in its drafting. In Canada, a distinction is made between the enumerated in Charter and analogous grounds of discrimination established by court. The plaintiffs may claim differences on the basis of the enumerated or analogous grounds, or indicate the necessity to establish new analogous grounds. Article 15 (the right to equality) is recognized as one of the most conceptually complex provisions of the Charter. It is aimed at ensuring equality in the process of law drafting and implementation, as well as protecting human dignity. The Supreme Court of Canada is considering the provisions of the first part 1 of article 15, which enshrines the right to equality, and part 2 of this article, which provides for affirmative actions to assist disadvantaged groups as interrelated, reflecting the understanding of equality according to which affirmative actions are considered not as an exception, but as one of its best manifestations.

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23

Howard, Rhoda E. "Monitoring Human Rights: Problems of Consistency." Ethics & International Affairs 4 (March 1990): 33–51. http://dx.doi.org/10.1111/j.1747-7093.1990.tb00244.x.

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The author highlights the different ways in which countries measure standards of human rights and social justice within their borders and in other countries. Rigorous reporting of internal human rights violations is crucial in monitoring and evaluating human rights conditions, according to Howard, even in such wealthy countries as the United States and Canada, where malnutrition and abuse of basic human rights also exist.

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24

Flanagan, Thomas. "Insurance, Human Rights, and Equality Rights in Canada: When is Discrimination “Reasonable?”." Canadian Journal of Political Science 18, no. 4 (December 1985): 715–37. http://dx.doi.org/10.1017/s0008423900059552.

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AbstractInsurance classifications that rely on demographic information are often accused of being discriminatory. There is a strong movement, based on human rights legislation as well as the Canadian Charter of Rights and Freedoms, to abolish them. However, analysis shows that the common criticisms of these classifications are self-contradictory and also apply in large measure to the behavioural criteria most commonly proposed as substitutes. Whether current practices are “reasonable” in the sense of the Charter will be an important question for determining the scope of the “equality rights” of section 15 of the Charter.

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25

Clark, Samuel. "Dominique, Clément, Debating Rights Inflation in Canada: A Sociology of Human Rights." Canadian Journal of Sociology 45, no. 2 (June 25, 2020): 205–8. http://dx.doi.org/10.29173/cjs29687.

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26

Sebar, Hind, and Rohaidah Nordin. "Rights of the Indigenous Peoples to Self-Government: A Comparative Analysis between New Zealand and Canada." Jurnal Dinamika Hukum 21, no. 1 (December 1, 2021): 57. http://dx.doi.org/10.20884/1.jdh.2021.21.1.2878.

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Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries. Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.

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27

Howe, R. Brian. "The Evolution of Human Rights Policy in Ontario." Canadian Journal of Political Science 24, no. 4 (December 1991): 783–802. http://dx.doi.org/10.1017/s0008423900005667.

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AbstractSince the Second World War, a public policy on human rights has been put into place in Canada to control discrimination through human rights legislation and human rights commissions. This policy has changed over time, incorporating elements both of expansion in human rights protections and of restraint in the enforcement of the legislation. This study seeks to explain this change by examining the evolution of the policy in the province of Ontario, home of the oldest and largest commission in Canada. The conclusion drawn is that the evolution has been shaped largely by conflicting pressures for reform and restraint, reflecting an underlying conflict between rival liberal ethics which comes into play as consciousness grows of gaps between the principles and practice of rights.

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28

Shiner, Bethany, and Patrick O’Callaghan. "Introduction to a Comparative Study of the Right to Freedom of Thought." European Journal of Comparative Law and Governance 8, no. 2-3 (April 22, 2021): 107–11. http://dx.doi.org/10.1163/22134514-bja10018.

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Abstract This is the introduction for the special issue on a comparative study of the right to freedom of thought across several jurisdictions including the UK, Ireland, Canada and the USA as well as the regional jurisdictions of the European Court of Human Rights and the Inter-American Court of Human Rights.

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29

Dudko, I. G. "Institute for the defense of human rights (ombudsman) in Canada." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 29, 2021): 164–76. http://dx.doi.org/10.17803/2311-5998.2021.80.4.164-176.

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The article examines the institution for the protection of human rights (ombudsman) operating in Canada, represented by a variety of bodies, officials, and the specifics of their powers. Particular attention is paid to the Canadian Human Rights Commission — a human rights state body within whose jurisdiction is exercised control over public administration and private companies at the federal level on discrimination issues, as well as the Canadian Human Rights Tribunal, which, according to the author, performs a quasi-judicial role in exercising jurisdictional control. The author comes to the conclusion about the formation of a two-stage mechanism that ensures more effective protection of human rights.The article thoroughly examines the legal and institutional features of the status and powers of human rights commissions and ombudsmen operating at the provincial and territorial levels. The study allowed the author to identify the following features of the institution for the protection of human rights (ombudsman) in Canada: the prevailing decentralization, which is expressed in the autonomy of the provinces and the Federation in the establishment and consolidation of the status of officials and bodies carrying out human rights activities; institutional plurality, characterized by a variety of structures (bodies, officials), the scope of their powers aimed at protecting human rights; development of specialization of state human rights institutions in various areas (discrimination, labor relations, housing and others); formation of a “local” model of the ombudsman in non-state corporations and institutions. The author proposes to use the experience of the Canadian Human Rights Tribunal when developing the concept of a human rights court in Russia.

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30

Harrington, Joanna. "The Role for Human Rights Obligations in Canadian Extradition Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 43 (2006): 45–100. http://dx.doi.org/10.1017/s0069005800008742.

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SummaryTo secure greater inter-state cooperation in criminal law enforcement, Canada has entered into a number of extradition treaties. Yet alongside this network of extradition treaties lies a network of human rights treaties to which Canada has also agreed to be bound. Given the inherently international nature of extradition, and the interconnection between Canada's human rights treaties and its obligations under the Canadian Charter of Rights and Freedoms, one would have thought that Canada's international human rights obligations might play some role in bolstering the protection afforded by the Charter to the rights of an individual facing extradition from Canada, even if the threshold for invoking the latter remains high. And yet, while a review of Canada's extradition jurisprudence for the past thirty years confirms that a role for human rights has emerged in Canadian extradition law, scant attention has been paid to Canada's international human rights treaty obligations as treaty obligations when deciding whether to extradite upon receiving a valid request. The author argues that if Canada's international human rights obligations were considered, along with Canada's domestic Charter obligations, greater guidance would be made available as to the appropriate balance of rights and obligations at stake, while also affording equal treatment to all of the treaty obligations relevant to extradition.

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31

Basok, Tanya, and Emily Carasco. "Advancing the Rights of Non-Citizens in Canada: A Human Rights Approach to Migrant Rights." Human Rights Quarterly 32, no. 2 (2010): 342–66. http://dx.doi.org/10.1353/hrq.0.0150.

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32

Bhabha, Faisal. "International Human Rights in Canada: At the Juncture of Law and Politics." International Journal of Legal Information 41, no. 1 (2013): 1–15. http://dx.doi.org/10.1017/s0731126500011525.

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Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

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33

Krogh, Carmen, and Brett Horner. "Human Health, Rights and Wind Turbine Deployment in Canada." Open Journal of Social Sciences 05, no. 05 (2017): 166–85. http://dx.doi.org/10.4236/jss.2017.55012.

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34

Zinger, Ivan. "Conditional Release and Human Rights in Canada: A Commentary." Canadian Journal of Criminology and Criminal Justice 54, no. 1 (January 2012): 117–35. http://dx.doi.org/10.3138/cjccj.2011.e.19.

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35

Mykhalovskiy, Eric, Cécile Kazatchkine, Annie Foreman-Mackey, Alexander McClelland, Ryan Peck, Colin Hastings, and Richard Elliott. "Human rights, public health and COVID-19 in Canada." Canadian Journal of Public Health 111, no. 6 (September 24, 2020): 975–79. http://dx.doi.org/10.17269/s41997-020-00408-0.

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36

Harrington, Joanna. "Book Review: Restraining Equality: Human Rights Commissions in Canada." International Criminal Justice Review 11, no. 1 (May 2001): 133–34. http://dx.doi.org/10.1177/105756770101100113.

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37

Mitchell, Tom. "Human Rights in Canada: A History by Dominique Clément." Labour / Le Travail 83, no. 1 (2019): 265–67. http://dx.doi.org/10.1353/llt.2019.0014.

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38

Agrawal, Sandeep. "Human Rights and the City: A View From Canada." Journal of the American Planning Association 87, no. 1 (June 26, 2020): 3–10. http://dx.doi.org/10.1080/01944363.2020.1775680.

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39

Simms, Chris. "Health and human rights in Canada: a global concern." Lancet Global Health 3, no. 12 (December 2015): e743. http://dx.doi.org/10.1016/s2214-109x(15)00191-6.

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40

Ford, R. "Human rights in the UK: some lessons from Canada." Statute Law Review 20, no. 3 (March 1, 1999): 251–61. http://dx.doi.org/10.1093/slr/20.3.251.

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41

Duhamel, Karine R. "Kanata/Canada: Re-storying Canada 150 at the Canadian Museum for Human Rights." Journal of the Canadian Historical Association 28, no. 1 (August 2, 2018): 217–47. http://dx.doi.org/10.7202/1050900ar.

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“Kanata/Canada: Re-storying ‘Canada 150’ at the Canadian Museum for Human Rights” seeks to contextualize the changing role of museums and of heritage institutions within contemporary discussions about the urgent need for public education on Indigenous histories and contemporary realities. The author of this article argues that museums can become truly decolonizing spaces if they are willing to re-examine their own purpose and mandate. Through an examination of the CMHR’s own exhibition development for 2017, she maintains that undertaking grounded, reparative reconciliation that is meaningful to communities in a museum context means going beyond acknowledgement and recognition to re-storying the very foundations of Canadian nation-building, and of projects like Confederation that remain, necessarily, unfinished.

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42

Islam, Muhammad, Omer Mahmood Watto, Syed Arshad Hussain, and Muhammad Sarfraz. "Criminal Justice Reforms and Human Rights in Pakistan: A Comparative Analysis with Australia, the UK, and Canada." Current Trends in Law and Society 4, no. 1 (February 11, 2024): 19–27. http://dx.doi.org/10.52131/ctls.2024.0401.0029.

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This study compares criminal justice reforms and human rights in Pakistan juxtaposed with Australia, the UK, and Canada, emphasizing the reforms' role in supporting human rights. It evaluates how these reforms contribute to fair trials and humane treatment in the justice system, examining Australia's indigenous rights focus, the UK's digital advancements, and Canada's restorative justice. The aim is to highlight effective practices and challenges to improve global justice systems and stress the collective endeavors required to promote human rights in criminal justice.

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DesBaillets, David. "THE INTERNATIONAL HUMAN RIGHT TO HOUSING & THE CANADIAN CHARTER: A CASE COMMENT ON TANUDJAJA V. CANADA (ATTORNEY GENERAL)." Windsor Yearbook of Access to Justice 32, no. 1 (February 1, 2015): 121. http://dx.doi.org/10.22329/wyaj.v32i1.4518.

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The case of Tanudjaja v. Attorney General, represents an unprecedented opportunity for Canadian legal scholars to examine the right to adequate housing in the Canadian human rights context. It is the only legal challenge that broaches directly the right to housing under Canadian law, basing its arguments on two key elements contained in Charter of Rights and Freedoms: sections 7 and 15. Moreover, the case represents an attempt by the claimants to bolster their Charter claim with reference to housing rights found in international human right’s law. For Canadian housing rights’ scholars, this decision, though ultimately quite negative in its conclusions, demonstrates the need for a better understanding of the intersection between international legal norms on human rights on the one hand, and the Charter, on the other. It does not, however, adequately portray the full extent of the former’s influence on the latter, as Justice Lederer of the Ontario Superior Court of Justice, failed to address the importance of international legal doctrine with respect to the interpretation of positive social and human rights in the Canadian legal context. In particular, he ignored the growing body of Charter related cases and precedents in Canadian jurisprudence that shed light on the complex relationship between fundamental human rights enshrined in various international legal documents and the recognized positive obligations they impose on the government of Canada to implement them under such long established treaties as the Covenant of Economic Social and Cultural Rights. In this comment, the author makes a critique of the analysis undertaken by Judge Lederer with regards to the relevance of international human rights norms in the context of Tanudaja, by comparing it with past Charter jurisprudence involving the impact of these on Canadian human rights claims. L’affaire Tanudjaja c. Attorney General est une occasion unique pour les spécialistes en droit du Canada d’examiner le droit à un logement adéquat dans le contexte des droits de la personne protégés au Canada. Il s’agit du seul litige dans lequel le droit au logement en droit canadien est abordé directement sous l’angle de deux dispositions clés de la Charte canadienne des droits et libertés : les articles 7 et 15. De plus, dans cette même affaire, les demandeurs ont tenté d’étoffer leur allégation fondée sur la Charte en invoquant les droits au logement reconnus dans le droit international sur les droits de la personne. Pour les spécialistes en matière de droits au logement au Canada, malgré les conclusions plutôt négatives qui y sont tirées, cette décision illustre la nécessité de mieux comprendre l’interaction entre les normes juridiques internationales sur les droits de la personne, d’une part, et la Charte, d’autre part. Cependant, elle ne décrit pas adéquatement l’ampleur de l’influence des premières sur la seconde, puisque le juge Lederer, de la Cour supérieure de justice de l’Ontario, n’a pas abordé l’importance de la doctrine juridique internationale relative à l’interprétation des droits sociaux et humains positifs dans le contexte juridique canadien. Plus précisément, il a ignoré le nombre croissant de décisions canadiennes liées à la Charte qui ont mis en lumière la relation complexe entre les droits humains fondamentaux garantis dans différents documents juridiques internationaux et les obligations positives reconnues que ces textes imposent au gouvernement du Canada en ce qui a trait à la mise en œuvre de ces droits en conformité avec des traités d’aussi longue date que le Pacte international relatif aux droits économiques, sociaux et culturels. Dans ce commentaire, l’auteur critique l’analyse que le juge Lederer a menée au sujet de la pertinence des normes internationales à l’égard des droits de la personne dans le contexte de l’affaire Tanudaja, en comparant cette analyse à des décisions antérieures concernant la Charte et faisant état des répercussions de ces normes sur les revendications fondées sur les droits de la personne au Canada.

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Stychin, Carl F. "Essential Rights and Contested Identities: Sexual Orientation and Equality Rights Jurisprudence in Canada." Canadian Journal of Law & Jurisprudence 8, no. 1 (January 1995): 49–66. http://dx.doi.org/10.1017/s0841820900003076.

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In this article, I shall examine sexual orientation as a human rights issue. The reasons why discrimination on the grounds of sexual orientation should be considered an issue of human rights have been articulated by others, and I do not propose to repeat their arguments here. Rather, I seek to examine in a more critical way some of the analytical problems that may arise in fashioning human rights protection. While the substantive goals of human rights struggles are surely commendable—freedom from persecution and from invidious discrimination, or more positively framed claims to the means necessary to live a decent life—the discourse of rights has been the subject of critique, for example, by the Critical Legal Studies movement in the United States. Rights claims, it has been argued, reinforce the separation of the individual from community. The focus on abstract rights undermines the substantive claims of groups and individuals within society by reifying formal (but ultimately alienating) individual rights. Of course, the CLS critique itself has been subjected to sustained criticism, particularly from the schools of Feminist Legal Theory and Critical Race Theory (and the intersection of the two). The CLS attack on rights is criticized for its failure to recognize both the substantive and the symbolic impact of concrete rights victories. Furthermore, it has been argued that rights struggles can be contradictory and complex.

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ATAK, IDIL, and LORIELLE GIFFIN. "Canada’s Treatment of Non-Citizens through the Lens of the United Nations Individual Complaints Mechanisms." Canadian Yearbook of international Law/Annuaire canadien de droit international 56 (October 2019): 292–327. http://dx.doi.org/10.1017/cyl.2019.13.

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AbstractThe United Nations (UN) human rights treaty bodies play an important role in defining the scope and the nature of non-citizens’ rights. This article offers a critical overview of the UN human rights case law from 2008 to 2018 pertaining to non-citizens — notably undocumented migrants, refused asylum seekers, and permanent residents ordered deported — in Canada. It examines the jurisprudence of the three UN human rights treaty bodies recognized by Canada as having competence to receive and consider individual complaints — namely, the UN Human Rights Committee, the Committee against Torture, and the Committee on the Elimination of Discrimination against Women. The purpose of this examination is two-fold. First, it intends to foster a better understanding of the cases lodged by non-citizens before the UN human rights treaty bodies. The second aim is to explore the substantive issues that the UN committees’ jurisprudence on non-citizens reveals about Canada’s immigration decision-making and enforcement. It is argued that some groups of non-citizens in Canada are at risk of being deported to persecution or hardship in violation of the non-refoulement principle and Canada’s international human rights obligations. The article illuminates several loopholes identified by the UN treaty bodies in Canada’s immigration and refugee protection system that heighten the risk of refoulement.

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Cohen, Miriam, and Sarah-Michèle Vincent-Wright. "Conflict Resolution in Human Rights Cases: The Role of the Supreme Court of Canada." Constitutional Review 8, no. 2 (December 30, 2022): 295. http://dx.doi.org/10.31078/consrev824.

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This paper examines the role of the Supreme Court of Canada (SCC) in resolving human rights conflicts and balancing individual and collective rights. With a multiple control mission, the Court must interpret the Constitution and resolve disputes over competing rights and interests, based on the principle of constitutional democracy. This paper specifically focuses on the SCC’s role in conflict resolution in human rights cases, especially in the complex legal framework of protection existing in Canada. It also addresses how the Court’s rulings may affect the protection of fundamental rights under the Canadian Charter, illustrated by some key examples from the Court’s caselaw. To this end, the first part provides a descriptive overview of the complex fabric of human rights protection in the Canadian constitutional framework. The second part discusses the SCC’s role in protecting human rights within the Canadian legal system. Ultimately, this paper underscores the fundamental role of a Supreme Court in protecting human rights in situations of multiple rights conflicts.

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Thelle, H. "Review: Bridging the Global Divide on Human Rights. A Canada- China Dialogue: Bridging the Global Divide on Human Rights. A Canada- China Dialogue." European Journal of International Law 15, no. 3 (June 1, 2004): 596–600. http://dx.doi.org/10.1093/ejil/15.3.596-a.

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Gruben, Vanessa, Elaine Hyshka, Matthew Bonn, Chelsea Cox, Marilou Gagnon, Adrian Guta, Martha Jackman, et al. "Urgent and long overdue: legal reform and drug decriminalization in Canada." FACETS 9 (January 1, 2024): 1–28. http://dx.doi.org/10.1139/facets-2022-0080.

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The International Guidelines on Human Rights and Drug Policy recommend that states commit to adopting a balanced, integrated, and human rights-based approach to drug policy through a set of foundational human rights principles, obligations arising from human rights standards, and obligations arising from the human rights of particular groups. In respect of the Guidelines and standing obligations under UN Treaties, Canada must adopt stronger and more specific commitments for a human rights-based, people-centered, and public health approach. This approach must commit to the decriminalization of people who use drugs and include the decriminalization of possession, purchase, and cultivation for personal consumption. In this report, we will first turn to the legal background of Canada's drug laws. Next, we will provide an overview of ongoing law reform proposals from civil society groups, various levels of government, the House of Commons, and the Senate. We end with a three-staged approach to reform and a series of targeted recommendationscr.

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Tisdale, Dawn, and Paisly Michele Symenuk. "Human rights and nursing codes of ethics in Canada 1953–2017." Nursing Ethics 27, no. 4 (March 24, 2020): 1077–88. http://dx.doi.org/10.1177/0969733020906606.

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Human rights are foundational to the health and well-being of all individuals and have remained a central tenet of nursing’s ethical framework throughout history. The purpose of this study is to explore continuity and changes to human rights in nursing codes of ethics in the Canadian context. This study examines nursing codes of ethics between the years 1953 and 2017, which spans the very first code in Canada to the most recently adopted. The historical method is used to compare and contrast human rights language, positioning and descriptions between different code editions. The findings suggest there has been very little change in how human rights have been included within the Canadian nursing codes of ethics. Furthermore, we consider how changes within the nursing profession have influenced the authority of codes of ethics and their ability to support nurses in carrying out ethical obligations specific to human rights. Finally, the impacts and implications of these changes are discussed concerning the protection of human rights in today’s healthcare landscape in Canada.

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Yalden, Maxwell. "Collective claims on the human rights landscape: a Canadian view." International Journal on Minority and Group Rights 1, no. 1 (1993): 17–25. http://dx.doi.org/10.1163/157181193x00086.

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AbstractThis article offers some observations on the emergence of collectivist trends in the human rights movement in Canada and abroad. The author points out that one should be mindful of the distinction between group rights as a shield against normative violations or as a sword against individual or minority entitlement. The issue of collective rights has acquired a remarkable degree of legitimacy in Canada. Having recognized in 1867 the significance of group dynamics in the areas of education, language and religion for the French and English communities, the proposals for constitutional change would enshrine the same benefits for aboriginal people and minorities while underscoring the equality of men and women in all contexts. Similar trends are discerned abroad.

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