Freedom in the World 2011 - Canada
|Publication Date||12 May 2011|
|Cite as||Freedom House, Freedom in the World 2011 - Canada, 12 May 2011, available at: http://www.refworld.org/docid/4dcbf51d20.html [accessed 27 January 2015]|
Political Rights Score: 1 *
Civil Liberties Score: 1 *
In what some observers regarded as a major achievement for freedom of the press, the Supreme Court ruled in 2010 in favor of a journalist's right to protect key sources in stories that touched on politically sensitive corruption.
Colonized by French and British settlers in the 17th and 18th centuries, Canada was secured by the British Crown under the terms of the Treaty of Paris in 1763. After granting home rule in 1867, Britain retained a theoretical right to override the Canadian Parliament until 1982, when Canadians established complete control over their own constitution.
After a dozen years of center-left Liberal Party rule, the Conservative Party emerged from the 2006 parliamentary elections with a plurality and established a fragile minority government. Following setbacks in several of the 2007 provincial elections, the Conservatives expanded their position in the 2008 national elections. While capturing 143 seats in Parliament, the Conservatives failed to attain a majority. The Liberals, the principal opposition party, secured only 77 seats, but subsequently formed an alliance with the social democratic New Democratic Party (NDP) and the Quebec-based Bloc Quebecois, in an attempt to displace the Conservatives with a coalition government. Prime Minister Stephen Harper, the leader of the Conservative Party, suspended Parliament in December 2008 to prevent a confidence vote, which his government was likely to lose. Harper's government remains relatively popular, however, largely due to low levels of unemployment, especially in comparison with the United States.
Since the 2001 terrorist attacks on the United States, Canada has struggled to find a balance between ensuring the country's security and safeguarding civil liberties. A number of laws adopted soon after the 2001 attacks have been modified or struck down by the courts. In May 2008, the Supreme Court determined that the United States violated the rights of Omar Khadr, a Canadian who had been held at the Guantanamo Bay prison facility since the age of 15. The court rebuked the Canadian government for having allowed its intelligence agents to interview Khadr and share information with U.S. officials. The government has also been criticized for its policy of handing over prisoners detained in the conflict in Afghanistan to Afghan authorities. In 2010, the Supreme Court ruled that the country's antiterrorism laws were constitutional in a case involving a Canadian involved in a plot to blow up fertilizer bombs in various parts of London.
Two Supreme Court decisions, both issued in December 2009, significantly changed the terms under which libel cases could be brought against journalists. The rulings establish a "responsible journalism" defense for reporters whose stories are deemed in the public interest. The decisions also extend protection against libel suits to internet journalists. In 2010, the court, while stopping short of issuing a blanket protection of journalists' sources in a case involving a major political scandal, sent a strong warning that judges should force journalists to identify their confidential sources only as a last resort. The court ruled for the first time that the media has the right to publish confidential information provided by a source – even when the source has no right to divulge the information or has obtained it by illegal means.
An intense debate has raged over Canada's participation in a NATO-led mission to fight the Taliban in Afghanistan. In November 2009, the government announced its intention to withdraw its forces from the military zone by December 2011.
Political Rights and Civil Liberties
Canada is an electoral democracy. The country is governed by a prime minister, a cabinet, and Parliament, which consists of an elected 308-member House of Commons and an appointed 105-member Senate. Senators may serve until age 75, and elections for the lower house have been held at least every five years. However, a law enacted in 2007 stipulated that lower-house elections would be held every four years, with early elections called only if the government lost a parliamentary no-confidence vote. The British monarch remains head of state, represented by a ceremonial governor-general who is appointed on the advice of the prime minister. As a result of government canvassing, Canada has nearly 100 percent voter registration. Prisoners have the right to vote in federal elections, as do citizens who have lived abroad for fewer than five years. However, voter turnout in the 2008 election, at 60 percent, was one of the lowest in Canadian history.
Political parties operate freely. The main parties are the Conservative Party, the Liberal Party, the Bloc Quebecois, and the NDP.
Civil liberties have been protected since 1982 by the federal Charter of Rights and Freedoms, but they are limited by the constitutional "notwithstanding" clause, which permits provincial governments to exempt themselves with respect to individual provisions in their jurisdictions. Quebec has used the clause to retain its provincial language law, which restricts the use of languages other than French on signs. The provincial governments exercise significant autonomy.
While Canada has a reputation for vigorous prosecution of corruption involving public officials, the country has endured several high-profile scandals in recent years. Nonetheless, Canada is regarded as a society with a low level of official corruption. In 2004, the Supreme Court upheld legislation that places a limit on the amount lobbying groups can spend on advertisements that support or oppose political candidates, a measure designed to prevent corruption.
The media are generally free, although they exercise self-censorship in areas such as violence on television, and there is concern that this tendency may also apply to coverage of the country's minority groups, especially Muslims. Limitations on freedom of expression range from unevenly enforced "hate laws" and restrictions on pornography to rules on reporting. Some civil libertarians have expressed concern over an amendment to the criminal code that gives judges wide latitude in determining what constitutes hate speech on the internet. However, in 2009, the country's human rights tribunal found unconstitutional an anti-hate speech law that targeted telephone and internet messages. The decision has had the effect of restricting the Canadian Human Rights Commission's efforts to bring cases against alleged hate speech on the internet. There is a high degree of media concentration. In general, conditions for press freedom have improved in recent years. In 2009, the Supreme Court issued two decisions strengthening protections for journalists by restricting the ground on which libel judgments can be brought against journalists and others.
Religious expression is free and diverse. In 2010, the Court of Appeals for Ontario ruled that women had the constitutional right to wear the niqab (veil)in court.
Academic freedom is respected.
Freedom of assembly is respected, and many political and quasi-political organizations function freely. Trade unions and business associations enjoy high levels of membership and are free and well organized. A 2009 study found over 31 percent of Canadian workers were members of unions.
The judiciary is independent. Canada's criminal law is based on legislation enacted by Parliament; its tort and contract law is based on English common law, with the exception of Quebec, where it is based on the French civil code. While Canada's crime rate is low by regional standards, it has experienced a growing problem from the growth of criminal gangs, often involved in the illegal drug trade.
Canada maintains relatively liberal immigration policies. However, concern has mounted over the possible entry into Canada of immigrants involved in terrorist missions. The 2002 Immigration and Refugee Protection Act seeks to continue the tradition of liberal immigration by providing additional protection for refugees while making it more difficult for potential terrorists, people involved in organized crime, and war criminals to enter the country. Canada has an immigration policy that gives preference to applicants with higher education or certain job skills. Unlike in Europe and the United States, Canada has generally avoided high levels of political polarization over immigration. Some, however, have objected to Canada's policies of multiculturalism in education, law, and social life, and have raised questions about the high percentage of immigrants who hold dual citizenship. There is a growing controversy over the wearing of the niqab or burqa in public. A bill has been proposed in Quebec that would prohibit the wearing of either garment in public sector jobs.
The authorities have taken important steps to protect the rights of native groups, although some contend that indigenous people remain subject to discrimination. Indigenous groups continue to lag badly on practically every social indicator, including those for education, health, and unemployment. There are frequent controversies over control of land in various provinces. At the same time, government proposals to facilitate the assimilation of native groups have met with stiff opposition from the groups' chiefs.
The country boasts a generous welfare system, including national health care, that supplements the largely open, competitive economy.
Women's rights are protected in law and practice. Women hold 22 percent of seats in Parliament, have made major gains in the economy, and are well represented in such professions as medicine and law. However, women's rights advocates report high rates of violence against women in indigenous communities. Canada in 2005 became one of the few countries in the world to legalize same-sex marriage.
* Countries are ranked on a scale of 1-7, with 1 representing the highest level of freedom and 7 representing the lowest level of freedom.