Discrimination
Black people faced discrimination in the criminal legal system, were over-represented and were unjustifiably assessed as having low reintegration potential for release, despite having a lower reoffending rate. In February and March, respectively, Canada released a Black Justice Strategy Implementation Plan and an Indigenous Justice Strategy to address systemic discrimination, anti-Black racism and over-representation of Black people and Indigenous Peoples in the criminal justice system, including as crime victims. The Indigenous Justice Strategy implementation plan remained under development. Incarceration rates of Indigenous Peoples – particularly women – remained disproportionately high. The Quebec government continued to deny the existence of systemic racism in the province.
In July, the Supreme Court upheld restrictive sex work laws. The continued criminalization of sex work and associated activities exposed sex workers to abuse, violence, deportation raids and other harms. A constitutional challenge led by sex workers was pending before the Ontario Court of Appeal.
The Canadian Charter of Human Rights and Freedoms’ “notwithstanding clause”, which prevents courts from striking down laws that violate the Charter’s provisions, was increasingly threatened or used in legislation targeting transgender people, religious minorities and homeless people.
The Quebec government tabled a bill prohibiting staff and volunteers at all schools and state-run day-care centres from wearing religious symbols, and pre-emptively invoked both provincial and federal notwithstanding clauses to override constitutional concerns.
Refugees’ and migrants’ rights
Canada continued to return refugees to face rights violations in the USA under the Safe Third Country Agreement (STCA), which bars most people entering Canada via the USA from seeking refugee protection. A court challenge argued that Canada’s implementation of the STCA unconstitutionally violated refugees’ rights and ignored a 2023 Supreme Court ruling by allowing at-risk refugees to be returned to danger in the USA. Other constitutional challenges to the agreement were ongoing.
In June, Canada introduced Bill C-2, which would undermine asylum seekers’ right to fair assessment of their claim for protection, enable the government to cancel immigration documents without due process, and expand police powers to obtain personal information without a warrant. In October, the government introduced Bill C-12 to fast-track troubling aspects of Bill C-2.
In July, the government began using a federal prison for immigration detention; it stopped using provincial prisons in September.1
The Gaza Temporary Resident Visa Special Measures for Extended Family Program was closed in March. Concerns persisted about processing delays, complexity of the application, and other barriers to evacuation. Despite receiving 5,000 applications, fewer than 1,000 Palestinians had entered Canada. Many struggled to access essential support such as healthcare (which was still denied in Quebec), housing, education, and mental health services.
Despite widespread abuses and inherent risk of labour exploitation and discrimination against racialized migrant workers under the Temporary Foreign Worker Program, authorities failed to abolish closed work permits tying migrant workers to their employers. The government introduced restrictions to lower the number of migrant workers and shorten visa durations, rendering their status even more precarious.
Canada continued to deny essential healthcare to people with irregular immigration status, contrary to a decision by the UN Human Rights Committee. A legal challenge to this denial was ongoing.
The Quebec government continued its legal battle (heard before the Supreme Court in May) to strip refugee claimants of access to subsidized childcare services.
Gender-based violence
Bill C-63 (the Online Harms Act) did not pass into law after parliament’s dissolution in January. The bill criminalized harmful conduct but relied heavily on law enforcement without alternative remedies. The federal government planned to review the proposed legislation. Meanwhile, technology-facilitated gender-based violence against Black, Indigenous and other racialized women and 2SLGBTQQIA+ people continued to rise.
LGBTI people’s rights
Violence against 2SLGBTQQIA+ people, particularly transgender youth, persisted. Alberta continued to restrict participation in sports, the use of chosen names and pronouns, and access to gender-affirming healthcare, although a temporary injunction protected access. In the province of Saskatchewan, laws continued to limit students’ use of their chosen names and pronouns at school. In Ontario, protests opposing gender-affirming care were met with counter-protests defending transgender rights.
Indigenous Peoples’ rights
New bills threatened Indigenous Peoples’ right to self-determination by accelerating approvals for major infrastructure projects. In June, the federal government passed Bill C-5 to streamline national projects. In May, British Columbia passed Bills 14 and 15 to fast-track infrastructure projects, and Ontario passed Bill 5 giving it powers to approve resource projects deemed critical to its economy. Civil society and Indigenous organizations opposed these acts.
In February, a British Columbia court found that the police had violated the human rights of three Indigenous land defenders during their arrests in 2021. In October, the same land defenders were sentenced to community service for opposing the Coastal GasLink pipeline on Wet’suwet’en territory.
Canada concluded negotiations on a free-trade agreement with Ecuador without the free, prior and informed consent of affected Indigenous Peoples.
Freedom of expression and assembly
Legislation proposed new hate crime offences and protest exclusion zones around sites such as medical facilities, places of worship, schools, and cultural and sports facilities. These bills and bylaws risked criminalizing freedom of expression and peaceful assembly with excessive penalties, imposed stigmatizing labels, and reduced police oversight. Concerns remained that these initiatives primarily targeted pro-Palestinian protesters.
Irresponsible arms transfers
The pause on authorization of new export permits for transfers of military goods to Israel continued, although no official “notice to exporters” was issued. Some 30 export permits remained suspended, and at least 180 export permits remained active. Exports of military goods to Israel via the USA continued.
Right to a healthy environment
Canada lost more than 8.9 million hectares to forest fires. Severe air quality warnings were issued to millions of people from wildfire smoke. By August, wildfire carbon emissions in Canada had reached 180 million tonnes. Two people died due to fires and nearly 50,000 were evacuated.
Despite devastating impacts of climate change, Canada provided billions for fossil fuels and petrochemicals projects via direct finance, subsidies, tax breaks and other financial and regulatory supports. Canada committed funding for carbon capture technology, despite minimal impact on emissions. In July, Canada’s first large-scale liquefied natural gas (LNG) export facility began operations; five more LNG projects were under development.
A Quebec court convicted climate activists for protesting against inaction on climate change.
