HUMAN RIGHTS IN

CANADA

What you need to know

LEARNING GOALS
By the end of this lesson, you will be able to
identify and describe some human rights, and
human rights legislation in Canada
identify exceptions to human rights legislation
explain how human rights complaints are settled

BASIC DEFINITIONS
Human rights: rights that protect people from unfair
treatment by other individuals and governments
Discrimination: treating individuals unfairly or
differently because of characteristics such as race,
sex, religion, age, disability or sexual orientation
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CURRENT WOMEN'S ISSUES

How have women rights changed in Canada?
Despite the many advances in women's rights, women still
face the following issues in our society:
Pay equity equal pay for equal work
Sexual harassment unwelcome actions of a sexual nature toward
another person; a significant issue for women in the workplace
Employment equity treating employees equally based on their ability
to perform the job and being impartial to characteristics such as
gender and race

INDIGENOUS/ ABORIGINAL
ISSUES TODAY
Despite gains in Indigenous/Aboriginal and treaty rights, First
Nations communities still have many issues:
1. Poverty a widespread problem in Indigenous/Aboriginal peoples
communities along with generally poor education
2. Social and health issues includes high rates of alcoholism, drug
addiction and youth suicide
3. Outstanding land claims settling these claims could be very costly
for federal and provincial governments.
4. Desire for self-government a traditional right of
Indigenous/Aboriginal peoples that was taken away by the first
Indian Act

IMMIGRATING TO CANADA
In 1976, the Trudeau government introduced a new Immigration Act
with a points system.
The new system reviewed an applicant's various skills, personal
qualities, and level of education.
As a result, Canada has become very multicultural over the years,
particularly in cities.
In 2001, the Chretien government passed the Immigration and
Refugee Protection Act. Its objectives included:
Curbing abuse of the immigration system
Increasing screening to identify suspected criminals
Strengthening obligations for immigrants to have sponsors; new criteria to
attract highly skilled immigrants

SEXUAL ORIENTATIN
Homosexuality was a crime in Canada until it was removed
from the Criminal Code in 1967 by Pierre Trudeau, who was
Justice Minister in Pearson's government.
"There's no place for the state in the bedrooms of the nation."
Trudeau
In 1996, the federal government added "sexual orientation"
to the Canadian Human Rights Act to protect people from
discrimination in federal matters.
In 1999, the Supreme Court ruled that same-sex couples have
the same rights as opposite-sex couples. ***M. v. H., 1999

SAME-SEX MARRIAGE
In 2002, many same-sex couples challenged the legal
definition of marriage (between a man and a woman,
excluding all others).
They successfully argued that they were being denied their
equality rights based on their sexual orientation.
In 2005, the Martin government changed the traditional
definition of marriage and introduced the Civil Marriage Act,
which defines marriage as a union between "two persons".

PEOPLE WITH DISABILITIES

Historically, people with disabilities have been marginalized. Since the
1980s, there has been an emphasis in Canada to include people with
disabilities in society so they can live with dignity.

The following are considered to be legal disabilities in Ontario:

brain injuries, mental illness, physical disabilities
blindness, deafness, obesity
epilepsy, behavioural and learning problems
substance abuse, developmental disabilities

PEOPLE WITH DISABILITIES

TODAY
Despite the progress that has been achieved over the years for
people with disabilities, there are still many issues:
1.

Schools many still cannot meet the needs of students who have
physical or developmental disabilities, especially in older buildings

2.

Workplaces many businesses and government buildings still do not

provide complete access to people with disabilities (e.g. wheelchair
ramps are not mandatory)

***It often takes a formal human rights complaint to be filed

before any action is taken.

CANADIAN MUSEUM
FOR HUMAN RIGHTS

Winnipeg, MAN

GREAT INVESTMENTOR
WASTE OF MONEY?
https://www.youtube.com/watch?v=Az2cVU-wgdM

DISCUSSION QUESTION: ARE MUSEUMS EFFECTIVELY EDUCATING

PEOPLE ABOUT HUMAN RIGHTS?

WHY DO WE NEED HUMAN

RIGHTS LEGISLATION?
Several abuses over time have led most countries to adopt formal
human rights codes to protect all citizens
Most countries realized this need after the horrors of WWII, in
particular the Holocaust (+7,000,000 Jews and undesirables
executed by the Nazi govt)
The United Nations formally adopted the Universal Declaration of
Human Rights:
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL
DECLARATION OF HUMAN RIGHTSas a common standard of achievement for
all peoples and all nations, to the end that every individual and every organ of
society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective
recognition and observance, both among the peoples of Member States

DISCRIMINATION
A person or party that claims they have been discriminated
against is the complainant, and the person or party that
allegedly acted in a discriminatory manner is the
respondent.
There are various types of discrimination:
Intentional: treating others unfairly based on prejudicial factors such as
race, religion, or gender
Unintentional: seemingly neutral or innocent actions that still
discriminate against a particular group
Bona fide occupational requirement: a possible defence for employers
against discrimination; they must prove that an act of apparent
discrimination was necessary for a job (e.g. hiring only female
counsellors in an abused women's shelter)

HOW ARE WE PROTECTED IN

CANADA?
1. Canadian Human Rights Act
Protects us from discrimination from government agencies (ex. post
office workers)

2. Provincial Human Rights Codes

Protects Canadians from disc. by employers in the workplace (ex.
Ontario Human Rights Commission)

HUMAN RIGHTS CASES

In addition to the Canadian Human Rights Act and the Charter of
Rights and Freedoms, there are provincial versions of human
rights acts and rights tribunals throughout Canada.
How to Analyze a Human Rights Case
1. Is the matter a human rights issue?
2. Do federal or provincial human rights laws apply?
3. Is there discrimination evident?
4. Is there an attempt at providing reasonable accommodation?
5. Is there a remedy under human rights law?

WHAT IF HUMAN RIGHTS

ARE VIOLATED?
Human Rights Commisions have a variety of remedies that may be
applied if they rule that a persons HRs have been violated:
Ordering the organization to stop the practice
Forcing a letter of apology
Financial compensation
Adopt programs to assist the disadvantaged
Provide HR training for all employees

REMEDIES
If a respondent refuses to provide the compensation, they
may face criminal charges and/or fines.
Tribunals have legal authority to impose remedies (like
courts).

WHEN CAN HUMAN RIGHTS

BE DENIED?
Can they?
YESunder these circumstances:
certain actions not discrimination of they are reasonable
and justifiable (ex. higher insurance for younger drivers)
BONA FIDE OCCUPATIONAL REQUIREMENT specific skills
required to do the job (ex. drivers licence for pizza delivery)
AFFIRMATIVE ACTION gives advantage to those who have
been disadvantaged in the past (ex. NFL minority hiring policy
for coaches)