Contents
Human Rights: Political Belief
Political belief or activity is not uniformly protected under human rights legislation across Canada. While every jurisdiction prohibits discrimination based on factors such as race, sex, and disability, only a handful explicitly protect individuals against discrimination on the basis of their political beliefs, opinions, or activities. This post summarizes the current state of protection across federal, provincial, and territorial jurisdictions.
Federal Jurisdiction
The Canada Human Rights Act does not include political belief or activity as a prohibited ground of discrimination. However, federal public servants enjoy limited political activity rights under the Public Service Employment Act and Public Service Labour Relations Act, which protect non-partisan political participation outside the workplace.
Provincial and Territorial Protections
British Columbia
Section 13(1) of the BC Human Rights Code expressly prohibits discrimination because of an employee’s political belief. This protection applies broadly in employment, tenancy, and services. Leading cases include Gichuru v. Law Society of British Columbia (2011 BCCA).
Yukon
The Yukon Human Rights Act protects against discrimination based on political belief, political association, or political activity (s.7). This is one of the most explicit formulations in Canada.
Northwest Territories
Section 5(1) of the NWT Human Rights Act provides similar coverage for “political belief, political association or political activity.”
The Nunavut Human Rights Act mirrors the NWT provision and protects “political belief, association or activity.”
New Brunswick
Section 3(1) of the New Brunswick Human Rights Act prohibits discrimination based on political belief or activity. This protection was tested in Blaney v. New Brunswick (2023 NBCA 61), where the Court of Appeal confirmed that the Province could not use a statutory immunity clause to shield itself from a human rights complaint arising from political discrimination. The 2025 Labour and Employment Board decision later awarded Ms. Blaney more than $700,000 in damages for discrimination on the basis of her past political activity.
Newfoundland and Labrador
The Human Rights Act, 2010 (s.9) protects against discrimination based on political opinion. The protection applies across employment, tenancy, and services.
Québec
Québec’s Charter of Human Rights and Freedoms lists political convictions as a prohibited ground (s.10). As a quasi-constitutional statute, the Charter provides one of the strongest protections in Canada.
Prince Edward Island
The PEI Human Rights Act includes political belief as a protected characteristic (s.1(1)(d)), covering employment and services.
Saskatchewan
The Saskatchewan Human Rights Code, 2018 (s.16(1)) prohibits discrimination based on political opinion in employment and professional association membership.
Manitoba
The Manitoba Human Rights Code does not include political belief. Limited protection exists for public employees under the Public Interest Disclosure (Whistleblower Protection) Act.
Ontario
The Ontario Human Rights Code does not protect “political belief.” However, Ontario public servants have limited protection for political neutrality under the Public Service of Ontario Act.
Alberta
The Alberta Human Rights Act excludes political belief as a ground. Government employees have separate recourse under the Public Interest Disclosure (Whistleblower Protection) Act.
Nova Scotia
The Nova Scotia Human Rights Act does not include political belief. Civil servants have limited protection for political neutrality under the Civil Service Act.
Summary Table
| Jurisdiction | Protection for Political Belief | Scope |
|---|---|---|
| Federal | No | Public servants only (PSEA) |
| British Columbia | Yes | Employment, services, tenancy |
| Alberta | No | Whistleblower Act only |
| Saskatchewan | Yes | Employment, association |
| Manitoba | No | Public employees only |
| Ontario | No | Public servants only |
| Québec | Yes | “Political convictions” (Charter) |
| New Brunswick | Yes | “Political belief or activity” |
| Nova Scotia | No | Civil service only |
| Prince Edward Island | Yes | Employment, services |
| Newfoundland & Labrador | Yes | “Political opinion” |
| Yukon | Yes | Belief, association, activity |
| Northwest Territories | Yes | Belief, association, activity |
| Nunavut | Yes | Belief, association, activity |
Key Takeaways
- Only about half of Canadian jurisdictions explicitly protect political belief or activity under human rights legislation.
- Protection is strongest in British Columbia, New Brunswick, Newfoundland & Labrador, Québec, PEI, and the northern territories.
- The Blaney v. New Brunswick decisions reaffirm that governments cannot insulate themselves from human rights scrutiny for politically motivated dismissals without clear, express legislative language.
For further analysis, see our related post: Human Rights Damages: Summary by Province.
👤 About the Author •
📚 Human Rights Index •
🎥 YouTube •
⬆️ Back to Top