References: - Constitution Act, 1982, Schedule B, Part 1, Canadian Charter of Rights and Freedoms, subsection 2(d) "freedom of association" -- [ LINK ]

- Canada Corporations Act (1970, c. C-32 ), PART II: CORPORATIONS WITHOUT SHARE CAPITAL -- [ LINK ]

References: - Canada Corporations Act (1970, c. C-32 ), PART II: CORPORATIONS WITHOUT SHARE CAPITAL -- [ LINK ]

References: - Canada Corporations Act (1970, c. C-32 ), PART II: CORPORATIONS WITHOUT SHARE CAPITAL -- [ LINK ]

Peer Review Comments: Canada Corporations Act (1970, c. C-32 ), PART II: CORPORATIONS WITHOUT SHARE CAPITAL *157.1 (1) Sections 222 to 227 [229 to 234], 229 to 233 [236 to 240], and 235 [242] of the Canada Business Corporations Act apply to those corporations to which this Part is applicable, with such modifications as circumstances may require.

References: - Constitution Act, 1982, Schedule B, Part 1, Canadian Charter of Rights and Freedoms, subsection 2(d) "freedom of association" -- [ LINK ]

- Canada Corporations Act (1970, c. C-32 ), PART II: CORPORATIONS WITHOUT SHARE CAPITAL -- [ LINK ]

- Internet search and government of Canada Web site search produced no examples of barriers to organization of anti-corruption/good governance civil society organizations.

Peer Review Comments: The government does not create barriers through official means, but it does not deliver all the information CSos need to document their work.

References: Young, Lisa and Joanna Everitt, "Advocacy Groups" (Vancouver: UBC Press, 2004)

The HR Council for the Voluntary/Non-profit Sector -- [ LINK ]

Charity Village's "Non-Profit Neighbourhood" categories of organizations list page -- [ LINK ]

Charity Village's "Human Rights and Civil Liberties" organizations list page -- [ LINK ]

Democracy Watch's Web site shows extensive activity engaging in political and policymaking processes -- [ LINK ] -- as do the following anti-corruption/good governance organizations (for example):

Canadian Civil Liberties Association -- [ LINK ]

Canadian Taxpayers Federation -- [ LINK ]

Council of Canadians -- [ LINK ]

Transparency International Canada -- [ LINK ]

References: - Internet search and government of Canada Web site search produced no examples of anti-corruption/good governance civil society organizations being shut down in the past year (or in any recent year)

- Young, Lisa and Joanna Everitt, "Advocacy Groups" (Vancouver: UBC Press, 2004)

- The HR Council for the Voluntary/Non-profit Sector -- [ LINK ]

References: - Internet search and government of Canada Web site search produced no examples of anti-corruption activists being imprisoned in the past year (or any recent years).

Peer Review Comments: Unresolved government-Aboriginal land disputes have sparked direct action campaigns that involved road closures and business disruptions (April 2007, 29 June 2007). Mohawk spokesperson Shawn Brant spent two months in pre-trial custody and currently faces nine charges in relation to the blockades, including criminal charges. Aboriginal rights supporters would argue that they are fighting historical state corruption due to broken treaty promises and the issue is political, rather than criminal. See: [ LINK ] See: [ LINK ]

In recent years, there have been examples of anti-corruption activists being imprisoned. Protesters were detained at the FTAA in Quebec City in 2001 (e.g., Jaggi Singh).

References: - Internet search and government of Canada Web site search produced no examples of anti-corruption/good governance civil society activists being physically harmed.

Peer Review Comments: In recent years, there have been examples of nonviolent, peaceful protesters being manhandled. For example, protesters were teargassed at the FTAA protests in Quebec City in 2001, and APEC protesters were pepper sprayed by RCMP in Vancouver in 1998. The cases are well documented in the media.

References: - Internet search and government of Canada Web site search produced no examples of anti-corruption/good governance civil society activists being killed.

References: - Constitution Act, 1982, Schedule B, Part 1, Canadian Charter of Rights and Freedoms, subsection 2(d) "freedom of association" -- [ LINK ]

- Canada Labour Code ( R.S., 1985, c. L-2 ) -- [ LINK ]

- Nine out of thirteen jurisdictions in Canada recognize union certifications through the union card sign-up system (Source: Winnipeg Labour Council -- <[ LINK ]>)

- Under many provincial labor laws, migrant agriculture workers (including those who enter Canada through a government-sponsored program) are not permitted to organize into trade unions.

Peer Review Comments: The latest case includes a failed attempt in 2007 by a group of Mexican agricultural workers on two farms to form a trade union. La Commission des relations du travail, the Quebec government body that regulates union licensing, rejected their demand, saying the provincial rules stipulate at least three workers must be permanently employed. The immigrant farmers work on a temporary basis and are inactive during winter.

Peer Review Comments: Quebec is the province with the highest union rate in Canada; 40% of its workforce is unionized. However, the way delegates are elected and the way decisions are made in the union are relatively open and workers can feel pressured by the delegates. In Ontario and some other provinces, the Conseil du patronat (a supervisory association) is petitioning to reform the way unions conduct elections and to ensure secret voting.

References: - Constitution Act, 1982, Schedule B, Part 1, Canadian Charter of Rights and Freedoms, subsection 2(d) "freedom of association" -- [ LINK ]

- Canada Labour Code ( R.S., 1985, c. L-2 ) -- [ LINK ]

- Nine out of 13 jurisdictions in Canada recognize union certifications through the union card sign-up system Source: Winnipeg Labour Council -- <[ LINK ]" target="_blank">[ LINK ]>

- Under many provincial labor laws, migrant agriculture workers (including those who enter Canada through a government-sponsored program) are not permitted to organize into trade unions.

- Winnipeg Labour Council article -- http://www.winnipeglabourcouncil.ca/article.php?story=20041216141600574

- according to a 2007 report of the International Labor Organization, COUNTRY BASELINES UNDER THE 1998 ILO DECLARATION ANNUAL REVIEW (2000- ), section on Canada (pages 14-18) -- "the legislation in several Canadian provinces/territories does not comply with C.98 and there is no willingness of these provinces to harmonize their laws with the ILO Conventions; (ii) some categories of workers are excluded from the legal framework on the PR (members of the medical, dental, architectural, legal and engineering professions, when employed in their professional capacity, agricultural workers and privately employed domestics); (iii) there is an excessive government intervention in collective bargaining in the private sector, which provides ways for the employer to bypass the union as collective bargaining agent." -- [ LINK ]

Peer Review Comments: The first union that opposed Wal-Mart started in in Canada. The union was formed because 190 employees felt they had been subjected to unfair labor practices and disrespect.This occurred in Jonquière, Québec, in 2005. But Wal-Mart closed that store when the union was close to reaching a contract with the company. This kind of event has not occurred lately. However, a few small and medium enterprises, which actually employ the majority of Canadian workers, have unionized.

Peer Review Comments: A major difference exists between federal laws about unions and provincial laws about unions. It is important to underline that provincial laws regulating provincial trade unions are widely understood. In fact, unionized employees are more important in Canada than in other parts of North and Central America.