In the poem “Nari” (Woman), the poet Kazi Nazrul Islam states, “Everything great and beneficial in the world, half of it has been done by women, half by men.” However, in reality, the history of women is a history of deprivation and discrimination. For ages, the labor and contributions of women have rarely been acknowledged. And so, to secure their place in society and the nation, women have had to traverse a long path and engage in many struggles.
What do we mean by women’s rights? Women’s rights are their fundamental human rights, which are inherently universal, inalienable, and inviolable. These rights were enshrined in the United Nations Charter 70 years ago for every person in the world. These rights include the right to a life free from discrimination, slavery, and violence; the right to education and own property; the right to vote; and the right to equal and fair pay in the workplace.
Canada is often hailed as a woman-friendly country. In terms of women’s rights, Canada follows closely behind the Netherlands, Norway, Sweden, and Denmark. Canada’s history has been shaped by countless enterprising women who have worked to eliminate gender discrimination and advance women’s progress. These women have made significant contributions to protecting certain fundamental human rights that are now part of Canada’s core values. These include the right to vote in federal and provincial elections, the right to own property, the right to a minimum wage, and, most recently, the right to be recognized as a person before the law. Canadian women have had to travel a long road to achieve these rights.
The Canadian Constitution has also taken important steps to prioritize women’s rights. The Canadian Charter of Rights and Freedoms protects every woman from all forms of gender discrimination, as well as age and marital status, among other things. Notably, two important sections of the Canadian Charter of Rights and Freedoms are Sections 15 and 28. Section 15 guarantees equal benefit of the law without discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical disability. Subsequently, court decisions have expanded this list to include citizenship, marital status, sexual orientation, and expression.
Section 18, on the other hand, ensures that these laws and decisions shall apply equally to women and men.
The Canadian Human Rights Acts of 1977 state that every Canadian citizen has the right to equality, equal opportunity, good treatment, and an environment free from discrimination based on sex, sexual expression, marital status, and family status.
Property rights of women –
The first step in protecting women’s rights in Canada was the legalization of married women’s property rights.
Married women’s property laws in Ontario in 1884 and in the province of Manitoba in 1900 gave women the same legal rights as men and enabled women to purchase property and enter into legal contracts. Previously, if a woman living in Manitoba married, she lost all her property. Legally, her husband received them.
Later, though slowly, the rest of the provinces and territories, including Quebec, signed the Married Women’s Property Rights Act in 1964. In particular the Civil Code of Quebec gives married women full legal property rights.
Women’s right to vote –
It may sound surprising but it is true that women were denied suffrage in Canadian federal and provincial elections at the beginning of the 20th century. After Canadian Confederation was formed in 1867, all provinces had three conditions to be an elector. They are, must be male, aged 21 and must be a British citizen by birth or naturalization.
Starting in Manitoba –
In 1914, several members of an organization called the Political Equality League of Manitoba, led by suffrage activist and well-known author Nellie McClung, and a number of other women and men began working on women’s suffrage on the eve of the Manitoba Parliament session. In 1915, a petition with 40,000 signatures was given in favor of women’s suffrage. Finally, in 1916, the Governor General of Manitoba passed a law allowing women to vote and also announced that women could be candidates in provincial elections. Saskatchewan and Alberta also gave women the right to vote at the same time. Women got the right to vote in British Columbia and Ontario in 1917.
In the same year, Canada passed a law called the Wartime Elections Act, which granted voting rights to women serving in the military and those whose male relatives had served in World War I. By 1918, all Caucasian women aged 21 and over were granted the right to vote in federal elections, except for Indigenous people and some minority groups.
Quebec was the last province where women gained the right to vote in provincial elections in 1940. Gradually, from 1947 to 1960, Indigenous women, men, and other minority groups also gained the right to vote.
Another important milestone in women’s rights was the definition of women as ‘persons’ under the British North America Act of 1867. In 1928, five women known as the Famous Five, namely Henrietta Muir Edwards, Nellie McClung, Louise McKinney, Emily Murphy, and Irene Parlby, petitioned the Canadian government to have the Supreme Court of Canada decide whether women could be defined as ‘persons’. However, when the Supreme Court ruled negatively, they appealed to the Judicial Committee of the Privy Council in England (JCPC) in 1929. In response to this appeal, the Supreme Court ruled that women should be considered ‘persons’ under the law. As a result, women became eligible to be members of the Canadian Senate, and the following year, in 1930, Cairine Reay Wilson of Montreal became the first woman to be appointed to the Senate. She was also Canada’s first female representative to the United Nations General Assembly in 1949.
Another significant step in advancing women’s rights in Canada was the passage of two laws in Ontario in 1951: the Fair Employment Practices Act and the Female Employees Fair Remuneration Act. The first law established penalties and a complaint process to eliminate all forms of discrimination, while the second ensured equal pay for women and men. Other Canadian provinces and territories quickly followed Ontario’s lead and enacted similar laws to ensure workplace equality.
Beyond the rights to equality, suffrage, and equal pay, Canada has passed various other laws and implemented several effective measures over time, allowing Canadian women to live safely and securely to this day.
Notable among which are –
1. In 1921, British Columbia passed a law granting women six weeks of maternity leave before and after childbirth. It was not issued in any other province or territory until 1964.
2. In 1928, women were included in Canada’s Olympic team for the first time.
3. In 1983 Bill-C-127 was passed by the House of Commons and amended the Criminal Code to cover sexual and other offences. So that the word ‘Rape’ is deleted and the word ‘Sexual Harassment’ is used. The purpose of the new law was to make it easier for victims of sexual harassment to file a complaint later and to avoid discomfort when testifying in court.
4. Same sex marriage became legal in 2005.
5. Kim Campbell was elected Canada’s first female minister of affairs.
6. Plan International, a non-governmental organization, launched a global social movement campaign called ‘Because I Am A Girl’ for the International Day of the Girl Child. Later in the United Nations General Assembly, led by Roan Ambrose, a former Member of Parliament of Canada, a proposal was brought to celebrate the International Day of the Girl Child and the first International Day of the Girl Child was celebrated on October 11, 2012.
7. In 2015, a pan-Canadian inquiry into the issue of missing and murdered Indigenous women and girls was launched. The final report and accompanying recommendations of this inquiry were published in 1919.
8. In 2017, Gender Expression and Gender Identity were included in the Canadian Human Rights Act.
9. In 2022, the Canadian government announced the approval of a 10-year National Action Plan to combat gender-based violence, a milestone in Canadian history.
Report of the Royal Commission on the Status of Women in Canada —
The sixties were a period of dramatic change and upheaval in Canada, as in many Western countries. When activities such as the civil rights and peace movements gained momentum, the women’s movement was also affected and pressure was applied to advance the movement for equality for women. The post-World War II period saw an increasing rate of women breaking out of their traditional roles into higher education and paid employment. On the other hand, some are demanding recognition of their household work and equal distribution of responsibilities between men and women.
In December 1970, the groundbreaking Report of The Royal Commission on the Status of Women in Canada was presented to the Legislative Assembly of Canada. 167 recommendations are made in 8 categories to modernize the legal system and identify important issues for women. which are –
1. Women in Economics
2. Women in education
3. Position of women in the family
4. Carrop and Child Care Allowance
5. poverty
6. Participation of women in civic life
7. Immigration and Citizenship
8. Criminal law and women criminals
In short, these recommendations include women’s participation in politics, universal childcare, increasing women’s autonomy by eliminating pay disparities, bringing women into decision-making and positions of power, and creating a solid platform on which women can achieve equal status with men in the Canadian social system.
The main driving forces behind the implementation of the Royal Commission Report—
The result of the long, cost-intensive battle for gender equality in Canada was the creation of the Royal Commission on the Status of Women, which was a collective effort by some organized, determined women. Not to mention the historic contribution of three notable women, without whom the implementation of this report would have been impossible.
First, let’s talk about Judy LaMarsh. She was the second woman to serve as a Canadian federal minister. In 1967, while minister of the interior, La Marsh appealed to Prime Minister Lester B. Pearson to initiate a citizen inquiry into the status of women in Canadian society. However, his application was not accepted. Still, with her persistence and the support of some women’s organizations and activists, the Royal Commission on the Status of Women was established. After serving as a minister, he resumed his law practice and took up human rights cases. Notable among these are the famous 1974 LGBT rights cases known as the Brunswick Four. In 1979 he was awarded The Order of Canada.
Laura Sabia was a feminist activist whose advocacy played a crucial role in the establishment of the Royal Commission on the Status of Women in Canada. At a time when the women’s movement was gaining global attention and questions were being raised about the status of women, Sabia, as president of the Canadian Federation of University Women, led a coalition of 32 women’s organizations to campaign and pressure the government. Her groundbreaking work inspired Canadian women’s organizations to unite in their efforts to advance women’s rights.
Monique Bégin, an academic and former politician, served as the executive director of the Royal Commission. She played a central role in the preparation of the commission’s report. In 1972, she became the first Quebec woman to be elected to the House of Commons. During her career, she served as Minister of National Revenue and Minister of National Health and Welfare. She is particularly remembered for her role in passing the Canada Health Act in 1984, which has been instrumental in strengthening the Canadian healthcare system.
For the past fifty years, the Royal Commission report has paved the way for significant progress in gender equality in Canada. This report has served as an inspirational initiative to identify the barriers to gender equality in Canada.
Toronto, Canada
