Freedom in the World 2004 - Canada

Political Rights: 1
Civil Liberties: 1
Status: Free
Population: 31,600,000
GNI/Capita: $21,930
Life Expectancy: 79
Religious Groups: Roman Catholic (46 percent), Protestant (36 percent), other (18 percent)
Ethnic Groups: British Isles origin (28 percent), French (23 percent), other European (15 percent), Amerindian (2 percent), other (32 percent)
Capital: Ottawa

Overview

The year 2003 was marked by a series of important political developments, including the decision of Prime Minister Jean Chretien to retire at the end of the year, the defeat of a once-dominant separatist party in provincial elections in Quebec, the planned merger of the country's two leading opposition conservative parties, and a series of court cases that could lead to the legalization of same-sex marriages throughout the country.

Colonized by French and British settlers in the seventeenth and eighteenth centuries, Canada came under the control of 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 overrule the Canadian parliament until 1982, when Canadians established complete control over their own constitution.

The war against terrorism has been a leading item on the government's agenda since the attacks on the United States of September 11, 2001. Shortly after those attacks, Canada joined other members of the Group of 8 industrial countries in devising measures to combat international terrorism, including stopping funds for foreign terror groups. In December 2001, Canada and the United States undertook a comprehensive bilateral agreement on improving cross-border security.

The government has adopted several measures in the name of curbing terrorist organizations. Several have drawn criticism on civil liberties grounds, with two measures in an omnibus antiterrorism bill evoking particular concern. One allows police to make preventive arrests of those suspected of planning a terrorist act. Another requires suspects to testify before a judge, even if they have not been formally accused of a crime. Concern about terrorism was behind passage in 2002 of the Public Safety Act. The law's sections on data sharing drew criticism from civil liberties groups and from the country privacy commissioner, who expressed concern over the possible retention of data on private citizens for long periods of time and for the possibility that information could be used for purposes other than terrorism investigations.

The retirement of Chretien, scheduled for December 2003, brings to an end one of Canada's most successful political careers. Chretien had guided the Liberal Party to a position of dominance during his years as prime minister. The Liberals selected Paul Martin, a somewhat more conservative figure than Chretien, as his successor. Prior to his formal ascension to the prime ministership, Martin asserted that a priority of his government would be to solidify relations with the United States, which had frayed over Canada's refusal to join the U.S.-led coalition in the Iraq war.

A major issue during 2003 was a series of provincial court rulings that extended the sanction of law to same-sex marriages. In response, the government has referred to the Supreme Court the question of whether the country's Charter of Rights validates same-sex marriage. The Chretien government subsequently encouraged provincial governments to adopt laws permitting gay marriage. By year's end, three provinces – Ontario, Quebec, and British Columbia – had done so. The government also submitted legislation that would sanction same-sex marriages throughout the country. The bill's fate is unclear and may depend on the Court's ruling.

In a major gain for Canadian unity, the Liberal Party defeated the separatist Parti Quebecois for control of the provincial government of Quebec. The Liberal triumph is expected to put an end, for the time being, to the debate over Quebec's status, as the Liberals are strongly opposed to secession.

In another major development, plans moved ahead for a reunification of Canada's two principal conservative parties, the Progressive Conservatives and the Canadian Alliance. Neither party fared well in recent elections, which were dominated by the Liberals. In the current Parliament, the Liberals hold 170 seats, the Alliance 63, and the Progressive Conservatives 15. The country's fourth major party, the New Democratic Party (NDP), holds 14 seats. The NDP, which is social-democratic in orientation, elected a new leader, Jack Layton, in January.

During 2003, a law that would decriminalize the use of marijuana was introduced in Parliament.

Political Rights and Civil Liberties

Canadians can change their government democratically. The country is governed by a prime minister, a cabinet, and Parliament. The Parliament consists of an elected 301-member House of Commons and an appointed 104-member Senate. The British monarch remains nominal head of state, represented by a ceremonial governor-general appointed by the prime minister. As a result of government canvassing, Canada has nearly 100 percent effective voter registration. Prisoners have the right to vote in federal elections, as do citizens who have lived abroad for fewer than five years. During 2003, the Supreme Court issued a ruling that compels the federal government to adopt legislation to make it easier for small parties to raise money and appear on the ballot.

The media are generally free, although they exercise self-censorship in areas such as violence on television. 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 in material that appears on-line.

Religious expression is free and diverse. Academic freedom is respected.

Civil liberties have been protected since 1982 by the federal Charter of Rights and Freedoms, but have been limited by the constitutional "notwithstanding" clause, which permits provincial governments to exempt themselves by applying individual provisions within 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. Canada's criminal law is based on British common law and is uniform throughout the country. Civil law is also based on the British system, except in Quebec, where it is based on the French civil code.

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.

The judiciary is independent. Recently, there have been complaints that the judiciary has become overly activist and has issued decisions that effectively usurp the powers of the legislature. This debate was further inflamed by provincial court rulings permitting same-sex marriages. Other issues on which the judiciary has issued controversial rulings include child pornography laws, native rights, abortion, and the civil rights of prisoners.

Canada maintains relatively liberal immigration policies. However, concern has mounted over the possible entry into Canada of immigrants who were involved in terrorist missions. In 2002, the Immigration and Refugee Protection Act was passed. It seeks to continue Canada's 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 boasts a generous welfare system that supplements the largely open, competitive economy.

Canada has taken important steps to protect the rights of native groups, although some native groups contend that indigenous peoples remain subject to discrimination. During 2003, the federal government reached an agreement whereby it ceded control of a tract of land the size of Switzerland to the Tlicho First Nation. The government encountered opposition from indigenous organizations over a proposed law that would establish standards for internal governance for native groups.

Women's rights are protected in law and in practice. Women have made major gains in the economy and have strong representation in such professions as medicine and law.