Women's Voting Rights in Canada
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Questions and Answers

What significant change regarding voting rights occurred for First Nations men and women in 1960?

First Nations women and men were allowed to vote without losing their Indian status.

What did the Supreme Court of Canada rule in the 1988 case of R.v.Morgentaler concerning abortion?

The ruling struck down Canada's abortion law, making it accessible within the first trimester based on a woman's physician's judgment.

What year did Canada formally abolish the death penalty for all criminal offenses?

The death penalty was formally abolished in 1976.

What policy was established in Canada in 1991 regarding extradition in death penalty cases?

<p>Canada established a policy that prevents extradition unless assurances are provided that the death penalty will not be applied.</p> Signup and view all the answers

What decision did the Canadian Supreme Court make regarding euthanasia in 1993?

<p>The Supreme Court upheld laws prohibiting euthanasia, focusing on individuals' quality of life.</p> Signup and view all the answers

What are the three conditions under which one can be a Canadian citizen as outlined in Section 6?

<p>One can be a Canadian citizen if born in Canada, born outside Canada to a Canadian citizen, or obtained citizenship under the Citizenship Act.</p> Signup and view all the answers

In what year did public debate regarding abortion begin to intensify in Canada?

<p>Public debate intensified in 1989.</p> Signup and view all the answers

What was the legal status of abortion in Canada prior to the 1988 Supreme Court ruling?

<p>Before 1988, abortion was legal only under specific circumstances with approval from a Therapeutic Abortion Committee.</p> Signup and view all the answers

What discriminatory policies affected Chinese Canadians between 1885 and 1947, and what were their impacts?

<p>The Chinese Head Tax and the Chinese Exclusion Act restricted immigration and imposed financial burdens on Chinese Canadians, leading to social and economic marginalization.</p> Signup and view all the answers

How did the Indian Act and the denial of voting rights impact Indigenous Peoples in Canada?

<p>The Indian Act imposed restrictions on Indigenous governance and cultures, while the denial of voting rights maintained their political disenfranchisement.</p> Signup and view all the answers

What limitations existed in legal recourse for racial minorities and immigrants before the Canadian Bill of Rights in 1960?

<p>Legal recourse was limited because courts lacked the power to challenge laws that enforced discrimination, leaving minorities without protections.</p> Signup and view all the answers

What is the significance of Section 15 of the Canadian Charter of Rights and Freedoms introduced in 1982?

<p>Section 15 guarantees equality rights and allows the courts to strike down discriminatory laws, promoting substantive equality and addressing systemic disadvantages.</p> Signup and view all the answers

How does the concept of intersectionality play a role in the post-Charter understanding of discrimination in Canada?

<p>Intersectionality recognizes that discrimination can occur due to overlapping factors like race and gender, requiring nuanced legal protections.</p> Signup and view all the answers

What does Section 15 of the Charter guarantee regarding equality?

<p>Section 15 guarantees equality and prohibits discrimination based on national or ethnic origin, cultural background, and language.</p> Signup and view all the answers

What was the main complaint of Action Travail des Femmes against Canadian National Railway?

<p>The main complaint was that CNR's hiring practices disproportionately favored male applicants, constituting sex discrimination.</p> Signup and view all the answers

What did the Canadian Human Rights Tribunal conclude about CNR's hiring practices?

<p>The Tribunal concluded that CNR’s practices were discriminatory and created barriers to women's employment in non-traditional roles.</p> Signup and view all the answers

How does the interpretation of Section 15 extend beyond just racial discrimination?

<p>The interpretation extends to include protection from discrimination based on cultural background and language proficiency.</p> Signup and view all the answers

In what year did the case of Action Travail des Femmes vs. CNR occur?

<p>The case occurred in 1987.</p> Signup and view all the answers

What requirement regarding language does the Court's ruling mention?

<p>Language requirements should not exclude qualified individuals from accessing professions.</p> Signup and view all the answers

What broader workplace issue did the Action Travail des Femmes case address?

<p>The case addressed gender segregation in the workplace and the limitations it imposed on women.</p> Signup and view all the answers

What legislation did Action Travail des Femmes argue CNR's policies violated?

<p>They argued that CNR's policies violated the Canadian Human Rights Act.</p> Signup and view all the answers

What is direct discrimination and how does it manifest in society?

<p>Direct discrimination occurs when individuals are treated unfairly based on protected characteristics, such as race or gender, through explicit actions or decisions.</p> Signup and view all the answers

How does systemic discrimination differ from direct discrimination?

<p>Systemic discrimination is embedded in policies and practices of organizations or society, often unintentionally reinforcing inequalities, whereas direct discrimination involves obvious, intentional actions.</p> Signup and view all the answers

Provide an example of direct discrimination in a hiring process.

<p>A qualified candidate may be denied a job solely because of their race or gender.</p> Signup and view all the answers

What is the impact of systemic discrimination on marginalized groups?

<p>Systemic discrimination limits opportunities and access to services for marginalized groups, perpetuating societal inequalities.</p> Signup and view all the answers

Explain the concept of pre-Charter equality.

<p>Pre-Charter equality was based on formal equality, advocating that everyone be treated the same under the law with limited protections.</p> Signup and view all the answers

What were the limitations of the Canadian Bill of Rights (1960) regarding equality?

<p>The Bill of Rights provided limited legal protections and applied only at the federal level, leaving many groups vulnerable to discrimination.</p> Signup and view all the answers

Discuss the similarities between direct and systemic discrimination.

<p>Both direct and systemic discrimination result in unfair treatment and contribute to broader societal inequalities.</p> Signup and view all the answers

What are some characteristics that can lead to direct discrimination?

<p>Characteristics such as race, gender, disability, and sexual orientation can lead to direct discrimination.</p> Signup and view all the answers

What does Section 15 of the Canadian Constitution guarantee concerning equality rights?

<p>It guarantees equality rights and prohibits discrimination.</p> Signup and view all the answers

How did the focus on equality shift from pre-Charter to post-Charter?

<p>The focus shifted from formal equality to substantive equality, addressing systemic discrimination and historical disadvantages.</p> Signup and view all the answers

What legal remedies became available post-Charter regarding discriminatory laws?

<p>Courts gained the ability to invalidate discriminatory laws and provide appropriate remedies.</p> Signup and view all the answers

What role does affirmative action play post-Charter?

<p>Affirmative action is allowed to address inequality and includes measures like employment equity.</p> Signup and view all the answers

In what ways did the treatment of Indigenous rights change after the Charter was enacted?

<p>Indigenous rights were explicitly protected, including treaty rights and land rights.</p> Signup and view all the answers

How does the post-Charter approach to discrimination recognize intersectionality?

<p>It acknowledges that discrimination can occur due to overlapping factors, such as race and gender.</p> Signup and view all the answers

What is the difference between Section 15(1) and Section 15(2)?

<p>Section 15(1) prohibits discrimination, while Section 15(2) allows for programs to address systemic inequalities.</p> Signup and view all the answers

Explain the in vitro fertilization process.

<p>It involves fertilizing eggs with sperm outside the body and then implanting the embryo into the uterus.</p> Signup and view all the answers

What was the ruling of the Court regarding Section 7 in relation to children's safety?

<p>The Court held that Section 7 allows state intervention when a child's safety or life is at risk, even if it infringes on parental rights.</p> Signup and view all the answers

What argument did Dr. Morgentaler make against the Criminal Code regarding abortions?

<p>Dr. Morgentaler argued that the law violated a woman's Section 7 rights, particularly the right to life, liberty, and security of the person.</p> Signup and view all the answers

What was the outcome of R.v.Morgentaler in terms of abortion laws in Canada?

<p>The Supreme Court ruled in favor of Morgentaler, effectively striking down the abortion provisions and decriminalizing abortion in Canada.</p> Signup and view all the answers

How did the Court view the requirement for approval by a therapeutic abortion committee?

<p>The Court found the requirement for approval overly restrictive and an infringement on a woman's ability to make medical decisions.</p> Signup and view all the answers

What was Dr. Wilson's challenge in Wilson v.British Columbia (Medical Services Commission)?

<p>Dr. Wilson challenged the denial of payment for services he provided outside of the provincial health care system.</p> Signup and view all the answers

What does the Morgentaler case indicate about the relationship between law and personal rights?

<p>The Morgentaler case indicates that laws must balance societal regulations with the protection of individual rights and personal decisions.</p> Signup and view all the answers

In what way did the Morgentaler ruling impact women's reproductive rights in Canada?

<p>The ruling affirmed that a woman's right to choose an abortion is protected under the right to security of the person in the Charter.</p> Signup and view all the answers

Why is the decision in R.v.Morgentaler considered a landmark case in Canadian history?

<p>It is considered landmark because it decriminalized abortion and affirmed women's rights over their bodies in a significant legal decision.</p> Signup and view all the answers

Flashcards

1960 First Nations Voting Rights

First Nations men and women gained the right to vote without losing their Indigenous status.

1982 Canadian Charter of Rights and Freedoms

Guaranteed every Canadian citizen the right to vote and run for office.

1969 Abortion Law Changes

Abortion became legal under specific conditions (e.g., mother's health), managed by a committee.

1988 Morgentaler Ruling

Supreme Court allowed abortion in first trimester based on a doctor's decision.

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1975 Death Penalty Removal

The death penalty was removed from Canadian Criminal Code for most crimes.

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1976 Abolition of Death Penalty

Canada completely stopped using the death penalty for all crimes.

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1993 Euthanasia Ruling

Supreme Court upheld laws against euthanasia, rejecting mercy killing proposals.

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Canadian Citizenship Requirements (Section 6)

To be a Canadian citizen, one must be born in Canada, born outside to a Canadian citizen, or gain citizenship through the Citizenship Act.

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R. v. Morgentaler (1988)

A Supreme Court of Canada case that struck down Canada's abortion law, finding it violated women's Section 7 rights.

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Section 7 Rights

Canadian Charter of Rights and Freedoms, right to life, liberty, and security of the person.

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Abortion Law in Canada (prior to 1988)

Required abortions to be approved by a therapeutic abortion committee.

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Security of the Person

One's right to make decisions about their own body and health, including reproductive decisions.

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Wilson v. British Columbia (Medical Services Commission)

Court case about a physician challenging the province's payment system for services outside the public healthcare system.

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Parental Rights vs. Child Welfare

Balancing the rights of parents against the state's responsibility to protect children's safety, especially in medical situations.

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Therapeutic Abortion Committee

A committee whose approval was required for abortions prior to R. v. Morgentaler.

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Criminal Code of Canada

The Canadian law that governed criminal offenses, including those related to abortions pre-1988.

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Direct Discrimination

Treating someone unfairly based on their protected characteristics (e.g., race, gender) in a clear and intentional way.

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Systemic Discrimination

Discrimination built into systems, policies, or practices of an organization or society, often without conscious intent.

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Pre-Charter Equality

The idea that everyone should be treated the same under the law, based on formal rules.

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Post-Charter Equality

Equality as enshrined in the Canadian Charter of Rights and Freedoms, emphasizing substantive equality and protecting individual rights.

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Substantive Equality

Equality that goes beyond formal rules and considers the actual lived experiences of people to ensure fairness and opportunity.

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Formal Equality

The idea that everyone should be treated the same under the law, regardless of their individual circumstances.

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Key Differences: Direct vs. Systemic

Direct discrimination is intentional and obvious, while systemic discrimination is often unintentional and embedded within systems.

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Key Similarities: Direct vs. Systemic

Both direct and systemic discrimination lead to unfair treatment and unequal opportunities, harming individuals and perpetuating societal inequalities.

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Charter Equality

Section 15 of the Charter guarantees equal rights and prohibits discrimination based on national or ethnic origin, including language proficiency.

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Language Proficiency & Professions

The court ruled that language requirements shouldn't exclude qualified individuals from accessing careers, even if they lack specific language skills.

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Equality Protection

The Charter's equality protection extends beyond just race, also covering cultural background and language.

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Action Travail des Femmes

This women's advocacy group brought a case against Canadian National Railway for discriminatory hiring practices against women.

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Discriminatory Hiring Practices

Canadian National Railway (CNR) was accused of favoring male applicants over women in non-traditional roles like train conductors.

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Canadian Human Rights Act

This law prohibits discrimination based on sex and requires employers to provide equal opportunities for both men and women.

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Gender Segregation in the Workplace

This refers to the historical trend of reserving certain jobs exclusively for men, limiting women's access to better-paying roles.

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CNR Hiring Policies Ruled Discriminatory

The Tribunal found that CNR's hiring practices created barriers for women in non-traditional roles, violating the human rights law.

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Chinese Head Tax

A discriminatory tax imposed on Chinese immigrants entering Canada between 1885 and 1923. The tax was intended to limit Chinese immigration and was a blatant form of racism.

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Indian Act

A law that has been used to control and restrict Indigenous peoples in Canada. It has historically been used to control land access, define Indigenous identity, and undermine Indigenous governance.

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Affirmative Action

Policies and programs designed to overcome historic disadvantages experienced by certain groups, often through positive measures that aim to increase the participation of those groups in areas where they were previously underrepresented.

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Equality Rights Pre- Charter

Before the Charter, equality wasn't a guaranteed right in the Canadian constitution. It was only protected by the Canadian Bill of Rights.

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Equality Rights Post-Charter

The Charter of Rights and Freedoms guarantees equality rights in the Canadian Constitution under Section 15.

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Formal vs. Substantive Equality

Formal equality treats everyone the same, while substantive equality addresses systemic issues that create unequal outcomes.

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Legal Remedies for Discrimination

Before the Charter, courts had limited power to address discriminatory laws. Now, they can strike down discriminatory laws and provide remedies.

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Intersectionality

The Charter recognizes that discrimination can occur due to multiple factors, like race and gender.

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Section 15(1) of the Charter

Section 15(1) prohibits discrimination and aims for equal treatment and protection under the law.

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Section 15(2) of the Charter

Section 15(2) allows governments to create programs addressing systemic inequalities and improving conditions for disadvantaged groups.

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Study Notes

Historical Background of Women's Voting Rights in Canada

  • Manitoba granted women the right to vote in January 1916, becoming the first province.
  • Other provinces followed in subsequent years, with Quebec granting the right in 1940.
  • Wartime Elections Act (1917) allowed some women related to soldiers to vote federally, the first federal voting rights for women in Canada.
  • All Canadian women over 21 gained federal voting rights in 1920 (except Indigenous women).
  • Chinese Canadians gained federal voting rights in 1947, and Japanese Canadians in 1949.
  • Indigenous Canadians received federal voting rights in 1960.
  • The voting age was lowered to 18 in 1970.
  • Voting rights were extended to people with mental disabilities in 1988.
  • Judges in Canada gained voting rights in 1993.
  • Inmates in Canadian federal institutions gained voting rights in 2002.

Canadian Charter of Rights and Freedoms

  • Section 3-5 of the Charter focus on ensuring Canadians can participate in the democratic process and hold governments accountable, including the right to vote, run for office, terms limits, and annual legislative meetings.
  • The Charter protects the right to life, liberty, and security.
  • Protects against discrimination, based on many factors.

Case Studies

  • Sauvé v. Canada (Attorney General) (2002): Prisoners serving sentences of two years or longer were granted the right to vote.
  • Law Society of Upper Canada v. Skapinker (1984): Challenged the right of non-citizens to practice law in Ontario. The court ruled that the restriction on non-citizens was not justifiable under the Charter.
  • B. (R.) v. Children's Aid Society of Metropolitan Toronto (1992): Disagreed with a mother's religious beliefs regarding blood transfusion for her child.
  • R. v. Morgentaler (1988): Decriminalized abortion, expanding a woman's right to choose.
  • Wilson v. British Columbia (Medical Services Commission) (1988): Challenged a provincial health care system's refusal to provide funding for services provided outside the system.
  • R. v. Maier: Involved a challenge to a mandatory seatbelt law under the Canadian Charter of Rights and Freedoms, specifically focusing on Section 7 rights.
  • Rodriguez v. British Columbia (Attorney General) (1993): Challenged the Criminal Code's prohibition of assisted suicide.
  • Carter v. Canada (Attorney General) (2015): Declared laws prohibiting physician-assisted death were void.
  • Re Blainey and Ontario Hockey Association: A female hockey player who challenged the Ontario Hockey Association's rule that excluded women.
  • R. v. Drybones (1970): Challenged a law that restricted Indigenous people from consuming alcohol off-reserve.
  • R. v. Lavell (1974): Challenged a provision of the Indian Act that removed Indian status from Indigenous women who married non-Indigenous men.

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