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TITLE: CANADA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
CANADA
Canada is a constitutional monarchy with a federal
parliamentary form of government. Representatives in the
multiparty political system are elected by universal suffrage
at local, provincial, and federal levels. The Constitution
defines government responsibilities and is subject to
interpretation by an independent judiciary.
Elected civilian officials control the federal, provincial, and
municipal police forces which are responsible for national and
local law enforcement, and the armed forces, which have no role
in domestic law enforcement except in strictly defined national
emergencies.
Canada has an open economic system which encourages private
ownership, investment, and entrepreneurship. Workers benefit
from laws regulating acceptable working conditions and, except
for uniformed members of the armed forces, are guaranteed
freedom of association.
Canadians enjoy, in law and in practice, a wide range of
freedoms and individual rights as enumerated in the Charter of
Rights and Freedoms, which was appended to Canada's revised
Constitution in 1982. Principal complaints of human rights
abuses arise in the areas of discrimination against nonwhite
minorities, Aboriginals, and women. The Constitution and laws
provide avenues for legal redress of such abuses, and the
Government and private organizations seek to ensure that human
rights are respected in practice at all levels of society.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no politically motivated or other extrajudicial
killings. See the report on Somalia for allegations of abuse
by Canadian peacekeepers in Somalia.
b. Disappearance
Secret arrest, clandestine detention, and politically motivated
disappearance did not occur.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
Torture and ill-treatment are prohibited by law, and are
generally not practiced. Reports of the use of excessive force
by police declined in 1993. Past incidents, which often (but
not always) involved nonwhite minorities, continued to strain
relations between minority communities and the police. In
Montreal, a multiracial and independent police ethics committee
(composed of one officer and two civilians) continued its
investigation of a 1991 shooting, in which a previous inquiry
determined that "a totally unacceptable level of racism"
existed in the Montreal Urban Community Police (MUC). The
committee had not reported its conclusions by year's end.
During 1993 several police departments took steps to redress
the problem of violence against minorities. The MUC began
mandatory cultural awareness seminars for its officers, Toronto
police implemented a policy requiring a written use of force
report for each time an officer draws a weapon in public, and
the Halifax and Montreal police instituted affirmative action
programs to increase minority representation on the force.
Native groups complained of cultural insensitivity and
harassment by police officers. The Canadian Government
instituted training programs for officers with a view to
preventing future incidents. The British Columbia provincial
government's Commission on Native Issues continued to study
specific allegations of law enforcement abuses against natives
of the Chilcotin Band.
Prisons are open to independent monitoring by human rights
groups and the media.
d. Arbitrary Arrest, Detention, or Exile
The law prohibits arbitrary arrest and imprisonment, and this
prohibition is respected in practice. Arrest warrants are
issued by judicial authorities, and suspects are charged before
a justice of the peace (for minor offenses) or a judge within
72 hours of their arrest.
A 1988 law authorizes the Government to take special measures,
including the suspension of civil liberties, to ensure safety
and security during national emergencies. The 1939 Official
Secrets Act prohibits the private possession, distribution, and
publication of information deemed prejudicial to the interests
of the State and provides that persons under suspicion may be
arrested without a warrant. There were no such arrests in 1993.
e. Denial of Fair Public Trial
The judicial system is based on English common law at the
federal level and in most provinces. In the Province of
Quebec, the judicial system is based on the Napoleonic Code.
Judges in Canada are appointed. In criminal trials, the law
provides for a presumption of the defendant's innocence and the
right to a public trial, counsel (free for indigents), and
appeal. In 1993 judges made infrequent use of their power to
close courtrooms to the media in order to protect victims
(particularly children) and to guarantee fair and impartial
hearings. One such effort, however, raised the issue of
freedom of the press versus the right to a fair trial and
caused considerable controversy (see Section 2.a.). The
overwhelming majority of trials, including military
courts-martial, remained open to the public and the media.
The Official Secrets Act provides that trials involving
classified government information be held in secret, with
certain presumptions in favor of the State. Prosecutions under
this statute are extremely rare, and convictions are hard to
sustain on appeal.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
Canadians are afforded strong legal protection from arbitrary
interference under the Constitution, and federal and provincial
governments generally do not interfere with an individual's
basic rights without due process. Intrusive searches may be
carried out only when there is a reasonable basis for presuming
that the person is involved in criminal activity. Police
officials face judicial penalties if they abuse a person's
privacy without first obtaining a judicial search warrant. No
such penalties were imposed in 1993.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
Freedom of speech and press is provided for by the Constitution
and generally respected in practice. A ruling by an Ontario
judge banning news reports about a trial concerning a
particularly grisly murder case prompted considerable debate
about how to balance the right of a defendant to a fair trial
with freedom of the press. The judge imposed the ban in an
effort to ensure jury impartiality. Several Canadian
organizations filed suit to overturn the ban, while other media
have defended the ban.
Restrictive decisions by provincial film censorship boards and
laws prohibiting certain forms of hate literature and
pornography are exceptions to these freedoms. Canadian customs
authorities have been known to confiscate sexually explicit
material and items deemed to be hate propaganda. Some civil
libertarians have criticized such actions on freedom of
information grounds. Some feminist groups regard sexually
explicit material as degrading to women and stimulating
violence against women. The Canadian Human Rights Act makes it
illegal to make repeated communications by telephone which
expose a person or people to hatred or contempt. Minority
language and cultural rights are protected by the Constitution.
Laws in the Province of Quebec restricting the public display
of any non-French-language signs were amended in 1993.
Bilingual commercial signs are now permitted, as long as the
French version is "clearly predominant." The provincial
government issued regulations on specific aspects of the sign
laws in December.
b. Freedom of Peaceful Assembly and Association
Freedom of assembly and freedom of association are guaranteed
by the Constitution. Permits are not required for meetings.
c. Freedom of Religion
There is complete freedom of religion.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on movement within or outside Canada,
including the rights of emigration and repatriation. Canada
continues to be a haven for many refugees and displaced
persons. In 1992 Canada tightened its generous refugee law in
an attempt to limit entry to the asylum system to legitimate
applicants and to simplify dealings with persons whose claims
have been determined to be unfounded. Concerns expressed by
minority advocacy groups that the new process would
systematically discriminate against nonwhite refugees proved
unfounded, according to some prominent human rights groups.
Canada was praised by several women's groups after it granted
refugee status to a woman on the grounds that she would face
persecution in her own country because of her gender. The
Immigration Review Board subsequently released new guidelines
for such cases.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Canada is governed by federal and provincial governments which
are freely elected by secret ballot through universal
suffrage. The Governor General is the Queen of Canada's
representative as Head of State. In practice, power is
exercised by the Prime Minister and the Cabinet, who usually
are elected members of the 295-seat House of Commons.
Legislative elections at the federal and provincial levels must
be held at least every 5 years, and these often result in a
transfer of power to opposition parties. Voter participation
rates are high.
The most recent federal election, held on October 25, was
contested by three national and several regional parties. Led
by Jean Chretien, the opposition Liberal Party emerged
victorious with a substantial parliamentary majority.
Debate on such fundamental matters as constitutional change and
provincial secession from Canada are open and routine.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Canada has a wide variety of private human rights organizations
which operate freely. The Canadian Human Rights Commission and
its provincial counterparts investigate and seek to resolve
complaints of discrimination and abuses of civil rights in
public and private cases.
Canada has a good record of cooperation with outside
investigations of alleged human rights abuses. In 1990 the
Government allowed international monitoring of a standoff
between police and natives near Montreal.
In 1993 the United Nations Human Rights Committee declared that
Quebec's French-only sign law violated freedom of expression.
The Government of Quebec altered the law to allow for the use
of English on commercial signs (in conjunction with French).
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Food, shelter, health care, and education are available to all
inhabitants regardless of race, religion, sex, ethnic
background, or political opinion. Article 15 of the Charter of
Rights and Freedoms guarantees equal benefits and protection of
the law regardless of race, national or ethnic origin, color,
religion, sex, age, or mental or physical disability. These
rights are generally respected in practice, but Canada's
multicultural society continues to experience some problems of
discrimination.
Non-French speakers in Quebec continued to face difficulties in
1993. With few exceptions, Quebec law still requires
immigrants to educate their children in French. Law 86, which
amended the Province's language law in 1993, did not
significantly broaden access to English-language schooling.
The Province argues that the education and sign laws protect
French language and culture, but those who prefer English
resent these restrictions. Because of the atmosphere
engendered by the language laws and a perceived lack of
economic opportunity in Quebec for those whose mother tongue is
not French, many young English-speakers born there have left
the Province.
Women
Federal and provincial governments, the private sector, and
women's groups have been effective in keeping the issue of
family violence, and in particular, violence against women, in
the forefront of Canada's social agenda. On July 29 the
Canadian Panel on Violence Against Women published an extensive
study on the issue and a list of 494 recommendations, which
were under review by the Government at year's end. The
report's survey figures, which are the subject of dispute among
social scientists, indicated that over 50 percent of women
surveyed had experienced a rape or attempted rape.
Federal and provincial governments and nongovernmental
organizations have attempted to address the problem of family
violence by funding various educational and preventive
programs. The press has given wide coverage to studies of
spousal violence against women. Television advertisements and
publicity campaigns have targeted the abuse of women and
children within families. Police forces have taken a greater
interest in the handling of incidents of conjugal violence.
Women are well represented in the labor force, including
business and the professions. Despite recent gains, government
reports show that women generally earn less on average than men
in the same occupational group. Ontario law now requires all
employers (public and private) with more than 10 workers to
provide equal pay to men and women for work requiring
comparable skill. In the fall of 1993, the Ontario Government
advertised a government job as being open only to members of
designated disadvantaged groups. Public outrage forced the
government to withdraw the advertisement. A December 1993
Gallup poll indicated that 74 percent of Canadians oppose such
overt government employment equity programs, but the government
of Ontario has reiterated its belief in the principles of
employment equity. The municipality of Toronto recently
provided significant compensation to government employees
working in occupations traditionally staffed by women,
acknowledging that such positions have in the past paid less
than "traditionally male" occupations. Women enjoy marriage
and property rights equal to men.
Children
Federal and provincial regulations seek to protect children
from abuse, overwork, and discrimination. Parents receive tax
credits for their children.
Indigenous people
Canada's treatment of its native peoples is probably the most
important human rights issue facing the country. Old disputes
between the Canadian and provincial governments on the one hand
and Aboriginals on the other once again led to civil
disobedience and confrontation. Although there were no major
incidents in 1993, unresolved land claims resulted in violence
and credible allegations of human rights abuses in the past.
Disputes over treaty rights, taxation, duty-free imports,
fishing rights, and alleged harassment by police added to
tension on many reserves.
In 1993 Canada made some progress on resolving land-claim
issues in sparsely populated regions. The most notable step
taken was parliamentary approval for the Nunavut Land-Claims
Agreement. This act settled a dispute with the Inuit of the
Eastern Arctic and created a new territory (scheduled to be
established by 1999) in which a majority of the population is
to consist of Aboriginals.
Aboriginals remained underrepresented in the work force.
Statistics Canada reported that 25 percent of all Aboriginals
were unemployed, nearly 15 percentage points higher than the
national average. Aboriginals also earned less on average than
their non-Indian counterparts. Almost 42 percent of all
Aboriginals living on reserves were dependent upon welfare.
In 1992 Canadians (including a majority of Aboriginals)
rejected a constitutional reform package which, among other
provisions, addressed outstanding native concerns and
recognized an inherent Aboriginal right to self-government
within Canada. Although the referendum debate increased
awareness of native issues, there was little progress towards
addressing native problems after the defeat of the
constitutional reforms.
Canadians were shocked by film footage of substance abuse by
native children in the town of Davis Inlet. Public reaction to
this focused attention on the problems of Aboriginal children.
The Royal Aboriginal Commission, established in 1991, continued
hearings to examine Aboriginal concerns, including
self-government, land claims, and native justice. The
Commission is expected to issue a report in 1994.
National/Racial/Ethnic Minorities
Racial discrimination is prohibited by federal law and
offenders are prosecuted. Nevertheless, isolated incidents of
racist-inspired discrimination and violence persisted.
People with Disabilities
The Charter of Rights and Freedoms and the Human Rights Act
explicitly prohibit discrimination against people with
disabilities. Recent attempts to provide better employment
opportunities to the disabled have not been entirely
successful; disabled persons remain underrepresented in the
work force.
In the 1993 elections Canada made notable improvements in its
services and facilities for voters with disabilities.
Section 6 Worker Rights
a. The Right of Association
Except for members of the armed forces, workers in both the
public and private sectors have the right to associate freely.
The Canada Labour Code, which covers all employees under
federal jurisdiction, protects these rights at the federal
level, while provincial labor legislation protects all other
organized workers. Trade unions are independent of the
Government and may affiliate freely with international
organizations. About 38 percent of Canada's nonagricultural
work force is organized into trade unions. All worker rights
protected in law are respected in practice. The Canadian Labor
Congress (CLC), the largest of the country's labor federations,
is a member of the International Confederation of Free Trade
Unions. Slightly more than one-third of CLC member unions are
also affiliates of American Federation of Labor and Congress of
Industrial Organizations unions.
Workers have the right to strike, with the exception of certain
groups of essential public sector employees. In response to
complaints by these workers, the International Labor
Organization (ILO) asked the Government in 1992 to establish a
procedure to resolve labor disputes when negotiations resulted
in a deadlock. The Government reported developments in some of
these cases to the ILO in 1993.
Laws and regulations prohibiting retribution against strikers
and union leaders are effectively enforced.
In response to complaints from a group of professional
employees of the Government, the ILO requested that the
Government exercise care in defining employees as
"managerial." The employees believed that they were being
denied fair access to collective representation. At year's
end, the Government was preparing a response on the issue.
In the first 11 months of 1993, there were 21 major work
stoppages (involving 500 or more employees), only 2 of which
were illegal work stoppages. As of November, there were four
unresolved labor disputes; the remainder were settled through
direct bargaining, mediation, or (in the case of British
Columbia railway workers) by a government back-to-work order.
b. The Right to Organize and Bargain Collectively
Workers in both the public (with some exceptions for police)
and private sectors have the right to organize and bargain
collectively. Collective bargaining is protected by law and
freely practiced, though some essential public sector employees
have limited collective bargaining rights which vary from
province to province. Antiunion discrimination is banned by
law, and there are effective mechanisms for resolving
complaints and seeking redress. Employers found to have
practiced antiunion discrimination are required to reinstate
workers fired for union activities.
All labor unions have full access to mediation, arbitration,
and the judicial system.
Canada has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is illegal and not practiced.
d. Minimum Age for Employment of Children
Child labor legislation varies from province to province. The
Government generally prohibits youth under 17 years of age from
working for the Government while school is in session. In most
cases, provinces prohibit those under age 15 or 16 from working
without parental consent, working in any hazardous employment,
or working at night. These prohibitions are effectively
enforced through inspections conducted by the federal and
provincial labor ministries.
e. Acceptable Conditions of Work
Minimum wages are established in both federal and provincial
jurisdictions. The federal minimum wage, which has remained at
$3.04 (Canadian $4.00) since 1986, applies to employees in
industries under federal jurisdiction (i.e., about 8 percent of
the entire work force). All provinces and territories have
minimum wage rates which are higher than those at the federal
level. At the federal level, minimum wage rates are
established by ministerial order and enforced by the Department
of Labor. Provincially, the rates are enforced by the labor
wage boards or other labor boards. Three provinces (Ontario,
Alberta, and British Columbia) and the Northwest Territories
have lower minimum wage rates for youths and students, while
Nova Scotia sets a lower wage for "inexperienced workers." In
all other provinces and territories, youth and students are
entitled to the same minimum wage as adults. Less than
1 percent of workers covered by the federal minimum wage are
paid at the minimum rate, while approximately 5 percent of
workers governed by provincial minimum wages receive the
minimum rate. A family with only one member employed and
working at minimum wages would be below the poverty level.
Labor standards vary from province to province, but all limit
the standard workweek to 40 or 48 hours. The Employment
Standards legislation provides at least 1 full day of rest per
week.
The Government establishes health and safety standards for the
approximately 8 percent of workers covered by federal labor
legislation. Provincial and territorial legislation provides
for health and safety standards for other workers. Federal,
provincial, and territorial labor departments enforce these
standards through inspections. Federal, provincial, and
territorial laws protect the right of workers with "reasonable
cause" to refuse dangerous work and to file complaints about
such conditions.
[end of document]
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