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Human Rights in Canada: An Historical Perspective

Persons with Disabilities

1928

Alberta's Sexual Sterilization Act is enacted. Similar laws are enacted in other provinces.

1948

The United Nations enacts the Universal Declaration of Human Rights.

1970

The Blind Persons Rights Act becomes law in Ontario.

1972

Alberta's Sexual Sterilization Act is repealed.

1974

Nova Scotia amends its Human Rights Act to prohibit employment discrimination against the physically handicapped, unless the handicap prevents an acceptable job performance.

1975

Quebec passes its Charter of Human Rights and Freedoms, S.Q. 1975 c. 6. The Charter includes political rights, fundamental freedoms, anti-discriminatory provisions and equal pay provisions.

1977

The Canadian Human Rights Act, S.C 1976-77, c.33 is enacted.

1979

Saskatchewan consolidates its human rights legislation into one, broad code covering all human rights and fundamental freedoms (R.S.S. 1978, c.S.24.1).

1982

In Ontario (Human Rights Commission) v. Etobicoke (Borough), [1982] 1 S.C.R. 202, the Supreme Court of Canada decides that, once there is evidence of discrimination, it is then up to the respondent to justify its action.

The Canadian Charter of Rights and Freedoms is enacted as part of the Constitution Act, 1982.

1986

The federal government passes the Employment Equity Act.

In Re Eve [1986] 2 S.C.R. 388 , the Supreme Court of Canada decides that the non-therapeutic sterilization of mentally deficient adults may not be authorized by the courts.

The federal government announces 5 year national Strategy for the Integration of Persons with Disabilities, a cross-government initiative to bring persons with disabilities into the social and economic mainstream.

1993

The Supreme Court of Canada adopts a wide interpretation of the word "public" when it rules that services denied to the applicant were held to be customarily available to the "public" in Berg v. U.B.C. [1993] 2 S.C.R. 183.

1994 Discriminating against a person because he or she is HIV positive constitutes discrimination on the basis of a disability in the case of Thwaites v. Canada (Armed Forces)[1994] F.C. 38.

1995

The federal Employment Equity Act is strengthened to expand its coverage, to increase the authority of the Canadian Human Rights Commission to conduct investigations, and to make employers' obligations enforceable.

1996

The Federal Task Force on Disability Issues releases its report, Equal Citizenship for Canadians with Disabilities: The Will to Act.

1997

The decision of a school board to place a child with disabilities in a class for children with special needs does not amount to discrimination in Eaton v. Brant County Board of Education[1997] 1 S.C.R. 241.

The Supreme Court of Canada decides that the Charter of Rights and Freedoms requires the government to provide deaf persons with an interpreter during the course of medical treatment in Eldridge v. British Columbia (Attorney General) [1997] 3 S.C.R. 624

1999

The Extradition Act (S.C. 1999 c. 18) is amended to hold that extradition should be refused where the request is made for the purposes of punishing a person because of his or her race, religion, language, mental or physical disability, ethnic origin, sexual orientation, or age.