Human rights in Canada in the context of "Constitution of Canada"

The Canadian Charter of Rights and Freedoms (French: Charte canadienne des droits et libertés), often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.

The Charter was preceded by the Canadian Bill of Rights, enacted in 1960, which was a federal statute rather than a constitutional document. The Bill of Rights exemplified an international trend towards formalizing human rights protections following the United Nations' Universal Declaration of Human Rights, instigated by the country's movement for human rights and freedoms that emerged after World War II. As a federal statute, the Bill of Rights could be amended through the ordinary legislative process and had no application to provincial laws. The Supreme Court of Canada also narrowly interpreted the Bill of Rights, showing reluctance to declare laws inoperative. Between 1960 and 1982, only five of the thirty-five cases concerning the Bill of Rights that were heard by the Supreme Court of Canada resulted in a successful outcome for claimants. The relative ineffectiveness of the Canadian Bill of Rights motivated many to improve rights protections in Canada. The British Parliament formally enacted the Charter as a part of the Canada Act 1982 at the request of the Parliament of Canada in 1982, the result of the efforts of the government of Prime Minister Pierre Trudeau.

The Canadian Bill of Rights (French: Déclaration canadienne des droits) is a federal statute and bill of rights enacted by the Parliament of Canada on August 10, 1960. It provides Canadians with certain rights at Canadian federal law in relation to other federal statutes. It was the earliest expression of human rights law at the federal level in Canada, though an implied Bill of Rights had already been recognized in the Canadian common law.

The Canadian Bill of Rights remains in effect but is widely acknowledged to be limited in its effectiveness because it is a federal statute only, and so not directly applicable to provincial laws. These legal and constitutional limitations were a significant reason that the Canadian Charter of Rights and Freedoms was established as an unambiguously-constitutional-level Bill of Rights for all Canadians, governing the application of both federal and provincial law in Canada, with the patriation of the Constitution of Canada in 1982. Since patriation, its usefulness at federal law in Canada is mostly limited to issues pertaining to the enjoyment of property, as set forth in its section 1(a)]—a slightly-broader "life, liberty, and security of the person" right than is recognized in section seven of the Canadian Charter of Rights and Freedoms.

In Canada, a visible minority (French: minorité visible) is a demographic category of people, defined by the Government of Canada as "persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour". The term is used primarily as a demographic category by Statistics Canada, in connection with Canada's employment equity, human rights, and other laws and policies. The term as defined, and the qualifier "visible", were chosen by the Canadian authorities as a way to classify and separate out newer immigrant minorities from both aboriginal Canadian minorities, and from other "older" minorities—which were distinguishable by language spoken (French vs. English) and religious identification (Catholics vs. Protestants): so-called "invisible" traits.

The term "visible minority" is sometimes used as a euphemism for "non-white". This is incorrect, in that the government definition creates a difference: Aboriginal people are excluded from the category "visible minorities", but may not be white either. In some cases, members of "visible minorities" may be visually indistinguishable from the majority population and/or may form a majority-minority population locally (as is the case in Vancouver and Toronto).

The implied bill of rights (French: déclaration des droits implicite) is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government. The significance of an implied bill of rights has decreased since the adoption of the Canadian Charter of Rights and Freedoms, an entrenched written bill of rights, but remains important for understanding the evolution of Canadian human rights law and the Constitution of Canada. In the 1938 decision of Reference Re Alberta Statutes, a concurring opinion of the Supreme Court of Canada first proposed an implied bill of rights.

The rights and freedoms that are protected under the Charter, including the rights to freedom of speech, habeas corpus, and the presumption of innocence, have their roots in a set of Canadian laws and legal precedents related to "implied rights". Although implemented in judiciary law and part of required reading in Canadian law schools, the theory was never codified either in legislation or in the constitution by the majority in the Supreme Court of Canada. Prior to the advent of the Canadian Bill of Rights in 1960 and its successor the Charter of Rights and Freedoms in 1982, the laws of Canada did not provide much in the way of civil rights and it was typically of limited concern to the courts.

Canadian values are the perceived commonly shared ethical and human values of Canadians. The majority of Canadians believe they share specific values, with a plurality identifying human rights, respect for the law and gender equality as collective principles. Canadians generally exhibit pride in equality before the law, fairness, social justice, freedom, and respect for others; while often making personal decisions based on self-interests rather than a collective Canadian identity. Tolerance and sensitivity hold significant importance in Canada's multicultural society, as does politeness.

Canadians typically tend to embrace liberal views on social and political issues. In Canada the idea of a "just society" is constitutionally protected, with government policies—such as publicly funded health care; higher and more progressive taxation; outlawing capital punishment; strong efforts to eliminate poverty; an emphasis on cultural diversity; the legalization of same-sex marriage, pregnancy terminations, and euthanasia—being social indicators of the country's political and cultural values.