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Human Rights in Canada: An Historical Perspective

Criminal Law

1950

In R v. Boucher [1951] S.C.R. 265, the Supreme Court of Canada deems that handing out religious pamphlets by Jehovah's Witnesses does not constitute seditious libel and is therefore not a criminal act.

1961

In R. v. Gonzales (1962) 132 C.C.C. 237 (B.C.C.A.) and Attorney General of B.C. v. McDonald (1961) 31 C.C.C. 126, the courts decide s. 94(a) of the Indian Act, which prohibits Aboriginal persons from being unlawfully in possession of liquor off a reserve, does not violate the Bill of Rights .

1963

In Robertson and Rosetanni v. R. [1963] S.C.R. 651, the Lord's Day Act, preventing businesses from opening on Sunday, is upheld.

1970

R .v Drybones [1970] S.C.R. 282 strikes down s. 94 of the Indian Act, which prohibited Aboriginal persons from being unlawfully in possession of liquor off a reserve, as a violation of the Canadian Bill of Rights.

1971

The Criminal Code makes it a crime to advocate genocide or publicly incite hatred against people because of their colour, race, religion or ethnic identity.

S. 94 of the Indian Act, restricting the possession of intoxicants by Aboriginal persons, is repealed (R.S. c. 32 (1st supp).

1982

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

1985

Sunday closing laws are a violation of freedom of religion in R. v. Big M Drug Mart 1 S.C.R. 295.

1990

In R. v. Keegstra (1990) 1 C.R. (4th) 129 (SCC), the Supreme Court of Canada decides that s. 319(2) of the Criminal Code, which makes it a crime to wilfully promote hatred against a person because of their colour, race, religion or ethic identity, is a reasonable limit of free speech under the Charter of Rights and Freedoms.

The Supreme Court of Canada decides that the Crown has a legal duty to give all the evidence it has to an accused person to help that person defend himself or herself in R. v. Stinchcombe (1991) 68 C.C.C. (43d) 1 (S.C.C.).

1992

In R.v. Zundel [1992] 2 S.C.R. 731, the Supreme Court of Canada strikes down the Criminal Code prohibition against spreading false news because it violates freedom of expression under the Charter of Rights and Freedoms.

1993

The Supreme Court decides that prisoners behind bars cannot universally be denied the right to vote in Sauvé v. Canada (Attorney General) 89 D.L.R. (4th) 644.

The Supreme Court of Canada lays down the rules for balancing the rights of the accused and the rights of the victim in the cases of O'Connor [1995] 4 S.C.R. 411, Carosella [1997] 1 S.C.R. 80, and Mills (November 25, 1999)

1997

In R .v. Stillman [1997] 1 S.C.R. 607 , the Supreme Court of Canada decides that police could not take hair, saliva samples, and teeth impressions from a suspect without consent.

In R. v. Feeney, [1997] 2 S.C.R. 13, the Supreme Court of Canada rules that police cannot enter the home of a murder suspect without a search warrant.

1998

In R. v. M. ( M.R.) [1998] 3 S.C.R. 393, the Supreme Court of Canada rules that a school official does not have to get a warrant to search a student or the student's locker.

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, ethnic origin, sexual orientation, or age.