Black Canadians have played a crucial role in shaping the nation’s legal and civil rights landscape. Through their resilience and advocacy, they have fought systemic discrimination and contributed to landmark legal changes that continue to impact society today. Below are three significant legal milestones that helped shape Canada’s commitment to justice and equality.

Viola Desmond and the Fight Against Segregation (1946)

One of the most well-known cases of racial discrimination in Canada involved Viola Desmond, a Black businesswoman and civil rights advocate.

The Incident at Roseland Theatre

On November 8, 1946, Desmond was traveling for business when her car broke down in New Glasgow, Nova Scotia. While waiting for repairs, she decided to watch a movie at the Roseland Theatre. Unaware of its segregation policy, she purchased a ticket and sat on the main floor, which was unofficially reserved for white patrons.

When asked to move to the balcony, where Black customers were expected to sit, she refused. As a result, Desmond was forcibly removed, arrested, and jailed overnight.

The Court Case and Aftermath

Rather than being charged with violating segregation laws, Desmond was fined $26 on the grounds of tax evasion—arguing that she had not paid the one-cent difference in tax between balcony and main-floor seating. Though her appeal was unsuccessful, the case sparked national conversations about racial discrimination in Canada.

In 2010, Nova Scotia issued a posthumous pardon, acknowledging the injustice Desmond faced. Her legacy continues, and she became the first Canadian woman to appear alone on a banknote when she was featured on the $10 bill in 2018.

Impact: Desmond’s case exposed racial segregation in Canada and contributed to the eventual dismantling of segregation policies in Nova Scotia.

The Abolition of Slavery in Canada (1834)

Though often overshadowed by the United States’ history with slavery, Canada was once part of the transatlantic slave trade. Enslaved Black people were brought to British North America (now Canada) as early as the 1600s. However, growing abolitionist movements and legal challenges led to a shift toward freedom.

The Role of the 1793 Act to Limit Slavery

In 1793, Lieutenant Governor John Graves Simcoe passed the Act to Limit Slavery in Upper Canada, which prohibited the importation of new enslaved people into the province. However, it did not free those already enslaved. This made Upper Canada the first British territory to take legislative action against slavery, setting the stage for future abolition.

The Slavery Abolition Act of 1833

A significant breakthrough came when the Slavery Abolition Act was passed by the British Parliament in 1833, officially ending slavery in Canada and across the British Empire in 1834. This law granted freedom to all enslaved individuals and marked a turning point in Canada’s history, making it a safe haven for those escaping slavery through the Underground Railroad.

Impact: The abolition of slavery was a critical moment that helped shape Canada’s identity as a nation valuing freedom and human rights. It also laid the foundation for future legal battles against racial discrimination.

The Case of Albertan Black Homesteaders and Housing Discrimination (1950s-1960s)

Despite the abolition of slavery, Black Canadians continued to face systemic racism, including housing discrimination. In the mid-20th century, Black homesteaders in Alberta fought for legal recognition and equal housing rights.

Racially Restrictive Covenants in Property Law

During the 1950s, Black families seeking to buy homes in Alberta faced racial covenants—clauses in property deeds that prohibited non-white individuals from purchasing certain homes or land.

One of the most famous cases was that of Ted King, a civil rights activist from Alberta. Along with other Black Canadians, he fought against these discriminatory housing practices. Their efforts contributed to the landmark 1960 Canadian Bill of Rights, which formally recognized equality before the law.

The Fair Accommodation Practices Act (1959) and The Fair Employment Practices Act (1955)

Legal victories during this period led to the introduction of The Fair Accommodation Practices Act (1959) and The Fair Employment Practices Act (1955) in provinces like Ontario and Alberta, making it illegal to discriminate based on race in housing and employment.

Impact: These legal battles helped lay the groundwork for future human rights legislation in Canada, ultimately leading to the adoption of the Canadian Human Rights Act (1977) and provincial human rights codes that prohibit racial discrimination.

Conclusion

From Viola Desmond’s courageous stand against segregation to the abolition of slavery and the fight for equal housing rights, these legal milestones demonstrate the resilience and determination of Black Canadians in shaping the nation’s justice system. While progress has been made, these cases serve as a reminder of the ongoing need for advocacy, awareness, and legal reform in the pursuit of true equality.

Sources:

https://www.britannica.com/biography/Viola-Desmond/Trial

https://humanrights.ca/story/story-black-slavery-canadian-history

https://www.thecanadianencyclopedia.ca/en/article/slavery-abolition-act-1833