6.9 Human Rights in Canada


In Canada, our fundamental rights are enshrined in the Canadian Charter of Rights and Freedoms.

The Rule of Law and Canadian Rights

Click on the following link to view Canadian Constitutional Documents.

Some of the rights we take for granted are NOT guaranteed in the Charter. However, they may be protected in other legislation. For example:

  • the right to an education is guaranteed by provincial laws such as Alberta's School Act

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  • the right to health care is covered by the Canada Health Act

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  • the right to protection from extreme poverty is included in our social services and pension programs
  • the right to own property is guaranteed to an extent under the criminal code

Canadians who believe their rights are being violated also have protection under the Canadian Human Rights Act:

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and protection under the Employment Equity Act:

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We can take measures when we feel our rights are being violated. We can take legal action, or we can file a complaint with the Canadian Human Rights Commission.


Do all Canadians experience the benefits of excellent Human Rights?


First Nation, MΓ©tis, and Inuit people in Canada have historically experienced violations of their human rights, and even today there are still problems with social conditions. In 2012, there were a record number of complaints brought to the Canadian Human Rights Commission by Aboriginal groups. A change to the Indian Act in 2008 allows complaints about issues within the Indian Act to be filed with the commission. Previously, the act had been exempt from this type of action. In an interview with MacLean's magazine, David Langtry, the acting Chief Commissioner, said, "This is an encouraging and important outcome. The sheer volume of complaints tells us that Aboriginal people are beginning to use the Canadian Human Rights Act to improve their lives by holding their own governments as well as the federal government accountable for human rights".

Another issue in some places is the right of Francophone Canadians to receive an education and government services in their mother tongue. Some other issues include

  • violence and discrimination against women, particularly Indigenous women

  • failure to resolve native land claims