Freedom in the World 2023 - Canada

FREE
98
/ 100
Political Rights 40 / 40
Civil Liberties 58 / 60
LAST YEAR'S SCORE & STATUS
98 / 100 Free
Global freedom statuses are calculated on a weighted scale. See the methodology.
 
 

Overview

Canada has a strong history of respect for political rights and civil liberties, though in recent years citizens have been concerned about laws relating to the administration of elections, government transparency, the treatment of inmates in prisons, and restrictions on public sector employees wearing religious symbols. While Black, Indigenous, and other marginalized Canadians still face discrimination and economic, social, and political challenges, the federal government has acknowledged these problems and made some moves to address these issues.

Key Developments in 2022

  • In March, the New Democratic Party (NDP) agreed to govern in alliance with the Liberal Party. As part of the agreement, the Liberals promised to amend the Elections Act. Specifically, the agreements says that the parties will work towards reforms such as extending the number of days that voting stations are open, allowing voters to cast a ballot at any polling station in their electoral district, and improving how mail-in ballots are processed. If such amendments are passed, voting in Canadian federal elections will become significantly easier and it is possible that participation in elections will increase.
  • Two initiatives began during the year that mark important progress on equal rights for Indigenous and LGBT+ people. In January, the federal government outlawed conversion therapy in Canada and introduced the 2SLGBTQI+ Action Plan, a policy brief to further strengthen equal rights for LGBT+ people. In June, Bill C-29 was introduced in the House of Commons to establish a National Council for Reconciliation, which will monitor the federal government’s efforts to ensure equal rights and justice for Indigenous people.

Political Rights

A Electoral Process

A1 0-4 pts
Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4

The British monarch is head of state, represented by a ceremonial governor general, currently Mary Simon, who is appointed on the advice of the prime minister. Simon is the first Indigenous governor general and has made reconciliation between Indigenous and non-Indigenous Canadians a major theme of her tenure. The prime minister is the head of government and is invited to the post by the governor general after elections; the office is usually held by the leader of the majority party or governing coalition in Parliament. Justin Trudeau remained prime minister after the Liberal Party maintained control of government in the 2021 federal elections.

A2 0-4 pts
Were the current national legislative representatives elected through free and fair elections? 4 / 4

The Canadian parliament consists of an elected 338-member House of Commons and an appointed 105-member Senate. Lower-house elections are held every four years on fixed dates; though early elections may be called by the governor general if the government loses a no-confidence vote, or on the advice of the prime minister. In August 2021, Prime Minister Trudeau called for snap elections to be held the following month. There were almost no changes in the number of seats held by parties in Parliament in the September vote: the center-left Liberal Party won 160 seats in the House of Commons and maintained its minority government; the Conservative Party took 119 seats; the Bloc Québécois secured 32 seats; the left-leaning New Democratic Party (NDP) won 25 seats; and the Green Party won 2. In March 2022, the NDP and the Liberals announced a “supply and confidence agreement” that will allow the Liberals to govern with the parliamentary support of the NDP until 2025.

A3 0-4 pts
Are the electoral laws and framework fair, and are they implemented impartially by the relevant election management bodies? 4 / 4

Electoral laws are generally fair and well enforced by the relevant bodies. Some critics expressed concern about the 2014 Fair Elections Act, arguing that its stringent voter identification requirements placed Indigenous Canadians and Canadians from vulnerable groups at a disadvantage. In 2018, the Liberal government passed legislation that relaxed some of the criticized provisions; restricted spending by political parties and other actors during elections; gave voting rights to all Canadians living abroad; improved the privacy of voters’ information within the databases of political parties; and increased the power of the commissioner of Canada Elections to investigate violations of election rules. It further bans foreign donations for partisan campaigns and requires major online platforms, such as Facebook and Google, to create a registry of digital political advertisements.

The Liberal government proposed a law in 2021 that would allow voting on the weekend prior to election day, increase options for mail-in ballots, and create special procedures to facilitate voting for seniors in long-term care and for persons with disabilities. However, the snap September elections prevented the bill from proceeding before year-end. In March 2022, as a stipulation of the agreement between the NDP and the Liberals to govern in alliance, the Liberals promised to amend the Elections Act. Specifically, the agreements says that the parties will work towards reforms such as extending the number of days that voting stations are open, allowing voters to cast a ballot at any polling station in their electoral district, and improving how mail-in ballots are processed. If such amendments are passed, voting in Canadian federal elections will become significantly easier and it is possible that participation in elections will increase.

B Political Pluralism and Participation

B1 0-4 pts
Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system free of undue obstacles to the rise and fall of these competing parties or groupings? 4 / 4

A small number of parties have historically dominated elections. However, Canadians are free to organize in different political parties, and the system is open to the rise and fall of competing groups. A total of 21 political parties were registered in the 2021 federal elections.

B2 0-4 pts
Is there a realistic opportunity for the opposition to increase its support or gain power through elections? 4 / 4

Opposition parties have a realistic chance of gaining power through elections. In 2015, the Conservatives lost power to a Liberal majority government, and in 2019 and 2021, the Liberal Party’s control of Parliament diminished to a minority government.

B3 0-4 pts
Are the people’s political choices free from domination by forces that are external to the political sphere, or by political forces that employ extrapolitical means? 4 / 4

People’s political choices are generally free from domination by actors that are not democratically accountable.

B4 0-4 pts
Do various segments of the population (including ethnic, racial, religious, gender, LGBT+, and other relevant groups) have full political rights and electoral opportunities? 4 / 4

Members of religious minorities and Indigenous people are seated in the parliament, as are many women. Further, Prime Minister Trudeau’s cabinet has full gender parity, though women make up only 30 percent of the House of Commons. The rights and interests of LGBT+ people are protected. In January 2022, a law came into effect to ban conversion therapy in Canada, and the federal government introduced its first 2SLGBTQI+ Action Plan, a policy brief to further strengthen equal rights for LGBT+ people.

C Functioning of Government

C1 0-4 pts
Do the freely elected head of government and national legislative representatives determine the policies of the government? 4 / 4

Canada’s freely elected head of government and its legislature cooperate to determine policy. All emergency powers for the federal finance minister to spend money on pandemic-related measures without parliamentary approval that were granted in 2020 have now expired.

C2 0-4 pts
Are safeguards against official corruption strong and effective? 4 / 4

Canada has a reputation for clean government and a record of vigorous prosecution of corruption cases.

C3 0-4 pts
Does the government operate with openness and transparency? 4 / 4

Canadians may request public information under the provisions of the Access to Information Act, but they may face delays or excessive costs. A law amending the act to improve this situation was passed in 2019, but critics have charged that it has not been very effective, and Canadian journalists have started campaigns to press the government to improve the system. While the federal government currently has no plans to make further reforms, reports from September 2022 claim a House of Commons committee plans to study the issue.

Civil Liberties

D Freedom of Expression and Belief

D1 0-4 pts
Are there free and independent media? 4 / 4

Canada’s media are generally free; journalists are mostly protected from violence and harassment in their work and express diverse viewpoints.

D2 0-4 pts
Are individuals free to practice and express their religious faith or nonbelief in public and private? 3 / 4

The Canadian constitution and other legislation protect religious freedom. However, in 2019, the Quebec provincial government passed Bill 21, which bans certain government employees in positions of authority from wearing religious symbols such as a hijab, crucifix, turban, or kippah while at work. The list of such persons includes judges, police officers, government lawyers, and teachers. The bill has a grandfather clause for government employees already wearing symbols—they can keep wearing them until they change institutions or take a promotion. The law remained in place at the end of 2022.

D3 0-4 pts
Is there academic freedom, and is the educational system free from extensive political indoctrination? 4 / 4

Academic freedom is generally respected.

D4 0-4 pts
Are individuals free to express their personal views on political or other sensitive topics without fear of surveillance or retribution? 4 / 4

Private discussion in Canada is generally free and unrestrained.

E Associational and Organizational Rights

E1 0-4 pts
Is there freedom of assembly? 4 / 4

Freedom of assembly is constitutionally protected and generally upheld in practice.

E2 0-4 pts
Is there freedom for nongovernmental organizations, particularly those that are engaged in human rights– and governance-related work? 4 / 4

Nongovernmental organizations (NGOs) operate freely and frequently inform policy discussions.

E3 0-4 pts
Is there freedom for trade unions and similar professional or labor organizations? 4 / 4

Trade unions and business associations enjoy high levels of membership and are well organized.

F Rule of Law

F1 0-4 pts
Is there an independent judiciary? 4 / 4

Canada’s judiciary is generally independent.

F2 0-4 pts
Does due process prevail in civil and criminal matters? 4 / 4

Constitutionally protected due process rights are generally upheld in practice.

F3 0-4 pts
Is there protection from the illegitimate use of physical force and freedom from war and insurgencies? 4 / 4

The use of solitary confinement for extended periods of time in Canada’s prisons has been controversial. While there have been changes in recent years to solitary confinement laws, an advisory panel report released in May 2021 found that the length of solitary confinement and the frequency of its use had not substantially changed. Despite continued pressure, the federal government has not publicized plans to change solitary confinement laws and procedures.

F4 0-4 pts
Do laws, policies, and practices guarantee equal treatment of various segments of the population? 3 / 4

Governments in Canada have made increasing efforts to enforce equal rights and opportunities for minority groups, although problems persist. Black and Indigenous Canadians remain subject to widespread discrimination, struggle with food insecurity, and have unequal access to education, health care, public services, and employment. While there has been some recent progress on these issues, it has been slow.

The federal government’s 2015 Truth and Reconciliation Commission of Canada (TRC) and its 2019 National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) —which concluded that the history of state discrimination and oppression of Indigenous people amounted to genocide—made several recommendations to improve the lives of Canada’s Indigenous peoples. An analysis that was last updated in July 2022 found that only 13 out of 94 TRC calls to action had been completed. In June, Bill C-29 was introduced in the House of Commons to establish a National Council for Reconciliation that will monitor progress on the completion of the TRC’s calls to action and suggest areas where governments improve their efforts to ensure equal rights and justice for First Nations people. Though the government’s response to the MMIWG was delayed due the COVID-19 pandemic, it has now committed C$2.2 billion (US$1.7 billion) over five years to implement the Inquiry’s recommendations and related programs. Parliament also has also passed a law to implement the United Nations Declaration on the Rights of Indigenous Peoples in Canada. How this new law will impact federal government policies relating to Indigenous people remains to be seen. Finally, the federal government’s 2019 antiracism strategy, which included substantial programs to combat anti-Black and anti-Indigenous racism, is now operational.

G Personal Autonomy and Individual Rights

G1 0-4 pts
Do individuals enjoy freedom of movement, including the ability to change their place of residence, employment, or education? 4 / 4

Freedom of movement is constitutionally protected and upheld in practice. All restrictions on Canadian movements over borders and limits on the size of public gatherings related to the pandemic have now been lifted.

G2 0-4 pts
Are individuals able to exercise the right to own property and establish private businesses without undue interference from state or nonstate actors? 4 / 4

Property rights are not constitutionally guaranteed but are generally well protected by law and through the enforcement of contracts.

G3 0-4 pts
Do individuals enjoy personal social freedoms, including choice of marriage partner and size of family, protection from domestic violence, and control over appearance? 4 / 4

Canada legalized same-sex marriage in 2005. In March 2021, the House of Commons passed amendments to Canada’s assisted suicide laws to remove the eligibility requirement for a person’s natural death to be “reasonably foreseeable,” among other changes.

Domestic violence is a problem that disproportionately affects women, particularly Indigenous women, and is underreported. However, there have been initiatives in recent years to better train police in handling domestic violence cases.

G4 0-4 pts
Do individuals enjoy equality of opportunity and freedom from economic exploitation? 4 / 4

There have been some reports of forced labor in the agricultural, food processing, construction, and other sectors, as well as among domestic workers. However, the government, aided by NGOs that work to reveal forced labor and sex trafficking, do attempt to hold perpetrators accountable and to provide aid to victims.