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Topic: Canadian Human Rights Act


  
  Canadian Human Rights Act | Overview
The Canadian Human Rights Act is designed to safeguard Canadians from discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, sexual orientation, or conviction for an offence for which a pardon has been granted.
Section 2 of the Act stipulates that every individual should have equal opportunity to make the life he or she is able to have, without being prevented from doing so by discriminatory practices.
The Human Rights Act applies to all federally regulated industries, such as airlines, banks, and telephone companies, and includes Canadian TV and radio stations.
www.media-awareness.ca /english/resources/legislation/canadian_law/federal/human_rights_act/right_act_human_act.cfm   (409 words)

  
  Canadian Human Rights Act - Equal Employment Opportunities   (Site not responding. Last check: 2007-11-03)
The general purpose of this Act is defined in its s.
Sub-section 3 (1) specifies that where the ground of discrimination is pregnancy or child-birth, it shall be deemed to be on the basis of sex.
Section 26 establishes the Canadian Human Rights Commission, which is generally responsible for the administration of Part I, II and III of the Act.
www.ilo.org /public/english/employment/gems/eeo/law/canada/hra.htm   (314 words)

  
 Canadian Human Rights Act - Wikipedia, the free encyclopedia
This article is about the Canadian Human Rights Act, which should not be confused with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights.
The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion.
The Canadian Human Rights Act outlines the creation of a Canadian Human Rights Commission that investigates claims of discrimination as well as the creation of a Canadian Human Rights Tribunal to judge the cases.
en.wikipedia.org /wiki/Canadian_Human_Rights_Act   (286 words)

  
 Human Rights Internet - The Human Rights Databank
The Canadian Human Rights Commission is not alone in identifying violations of social and economic rights of women and other disadvantaged groups as one of the most critical equality issues of our time, nor in recommending the inclusion of social and economic rights within federal human rights legislation.
It is clearly incompatible with the fundamental principle of the interdependence and indivisibility of all human rights for domestic human rights institutions to focus solely on civil rights.
Human rights tribunals will therefore provide a more accessible and responsive forum for the consideration of social and economic rights claims, and the development of a social and economic rights jurisprudence, particularly in the early stages of their evolution.
www.hri.ca /doccentre/docs/Jackman.shtml   (2882 words)

  
 The Canadian Human Rights Act: Processing Complaints of Discrimination (BP394e)
In the federal human rights system, a complaint of discrimination must be lodged with the Commission by an individual or a group of individuals who believe that they have suffered from a discriminatory practice prohibited by sections 5 to 14 of the Act.
Given that there is no provision in the human rights context for the process of discovery (the exchange of documents and information prior to trial in civil court cases), it is particularly important that the complaint set out the material facts of the case.
It is possible for the complaint to be amended at any time prior to a hearing by the human rights tribunal, provided that the changes would not prejudice the interests of the respondent in meeting the case against him or her.
dsp-psd.communication.gc.ca /Collection-R/LoPBdP/BP/bp394-e.htm   (3736 words)

  
 The Sikh Coalition
6 The Tribunal began by stating that human rights legislation is remedial and that the policies of the Act are not to be compromised or abridged unless by the express language of legislation.
The root of the bona fide exception is, according to the Tribunal, "the ability of an employee to perform his or her duties", and the definition of what is a bona fide occupational requirement must be determined on a case by case basis according to the demands of particular jobs.
In the Tribunal's decision the Canadian National Railway Company (CN) was held to have discriminated against the appellant, Bhinder, upon the ground of religion in requiring him, contrary to the tenets of his religion, to wear a safety helmet (hard hat) as a condition of employment.
www.sikhcoalition.org /LegalCanada3.asp   (8958 words)

  
 University of Minnesota Human Rights Library
The Canadian Human Rights Act was promulgated on I March 1978.
Section 32 of the Human Rights Act enables any individual having reasonable grounds for believing that a person is engaging in a "discriminatory practice" to file a complaint before the Canadian Human Rights Commission.
The Canadian Human Rights Act, however, provides that "an appeal lies to a Review Tribunal from a decision of a Tribunal on any question of law or fact or mixed law and fact", and section 42 (1) of the Act lays down a time-limit of 30 days for such appeal.
www1.umn.edu /humanrts/undocs/html/104-1981.htm   (2266 words)

  
 RPP 2003-2004-Canadian Human Rights Commission
Human rights are a fundamental part of Canadian law and culture, and changes to its administration must be thoughtfully and carefully planned and implemented.
Human rights law and practice have evolved to recognize that inequality is caused not only by prejudice and bigotry, but by ordinary policies and activities that exclude individuals and groups.
Human Resources Branch provides a range of human resources services, helps reduce barriers to equality in the Commission, and is responsible for developing and implementing long- range plans for recruitment, retention and development of staff that help the Commission respond to significant human resources issues and challenges.
www.tbs-sct.gc.ca /est-pre/20032004/CHRC-CCDP/CHRC-CCDPr34_e.asp   (7826 words)

  
 Canada, Canada (Human Rights Comm.) v. Taylor
Section 13(1) of the Canadian Human Rights Act prohibits the communication of messages by telephone which are likely to expose a group to hatred or contempt because of, inter alia, their race or religion.
In 1983, the Canadian Human Rights Commission filed a new application in Federal Court alleging that Taylor and the Western Guard Party were still communicating hate messages and were again in contempt of the cease and desist order.
The Canadian Civil Liberties Association argued that the right is not impaired as little as possible because the words "hatred" and "contempt" are inherently vague and do not precisely define the scope of the discriminatory practices.
www.hrcr.org /safrica/expression/hrc_taylor.html   (1950 words)

  
 Canada and Human Rights
The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians.
The Canadian Charter of Rights and Freedoms prohibits discrimination on the grounds of race; national or ethnic origin; colour; religion; gender; age; and mental or physical disability.
Provincial human rights laws also prohibit discrimination in housing: you cannot, for example, refuse to rent an apartment to someone because of that person’s race or religion.
www.unac.org /rights/actguide/canada.html   (1059 words)

  
 CHRR - Canadian Human Rights Reporter
Canada (Human Rights Comm.) and Bhinder, decided that regular attendance at work was a bona fide occupational requirement and, consequently, that the employer had no duty to accommodate Mr.
The B.C. Council of Human Rights found that though it was a bona fide requirement that a custodian be present in the schools, it was not a bona fide requirement that a custodian in Mr.
The children have the right to be educated in a school system that is free from bias, prejudice and intolerance.
www.cdn-hr-reporter.ca /relicase.htm   (3549 words)

  
 The Indian Act Exemption - Options for Reforming the Canadian Human Rights Act   (Site not responding. Last check: 2007-11-03)
Given the importance of human rights issues and the uncertainty of the previously concluded agreements, it is encouraging to see that the parties to the Labrador agreement have expressly addressed the issue.
The interests of individuals to have recourse under the CHRA for discrimination in the context of an Indian Band community is balanced against the right of a Band Council to justify their discrimination for compelling and substantial reasons.
Application of the CHRA with or without parallel changes to accommodate Aboriginal difference may be seen as cosmetic reform which does little to address the underlying sources of human rights violations such as Aboriginal marginalization, poverty and social and economic disadvantage.
www.justice.gc.ca /chra/en/indact1.html   (3094 words)

  
 University of Minnesota Human Rights Library
Section I (d) of the Bill of Rights guarantees freedom of speech, and section 2 states that it shall not be abrogated, abridged or infringed unless expressly authorized by Act of Parliament.
Section 32 of the Human Rights Act enables any individual having reasonable grounds for believing that a person is engaging in a "discriminatory practice" to file a complaint before the Canadian Human Rights Commission.
The Canadian Human Rights Act, however, provides that "an appeal lies to a Review Tribunal from a decision of a Tribunal on any question of law or fact or mixed law and fact", and section 42 (1) of the Act lays down a time-limit of 30 days for such appeal.
www.umn.edu /humanrts/undocs/html/104-1981.htm   (2266 words)

  
 Nelson - Political Science-Canadian Politics on the Web/Civil Rights in Canada
Parliament passed the Bill of Rights in 1960, as one means of protecting Canadians from government excesses.
Quebec has its own provincial Charter of Human Rights that has been given enough weight in the courts to strike down other legislation even though it is an ordinary statute.
The entrenchment in 1982 of the Charter of Rights and Freedoms is probably the most important development in Canadian law this century.
www.nelson.com /nelson/polisci/rights.html   (1079 words)

  
 Canadian Human Rights Commission :: Important Notices
The Canadian Human Rights Commission respects the Official Languages Act and the relevant Treasury Board policies, and is committed to ensuring all information on this site is available in both English and French.
The Canadian Human Rights Commission recognizes its responsibility to develop electronic information that is accessible and useable by all people.
In such cases, some restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the rights holder prior to reproducing the material.
www.chrc-ccdp.ca /about/important_notices-en.asp   (945 words)

  
 City of Toronto: Information for new immigrants - human rights   (Site not responding. Last check: 2007-11-03)
The Canadian Human Rights Commission was formed to ensure that the Canadian Human Rights Act works for all Canadians.
The Canadian Human Rights Tribunal was created by Parliament to inquire into complaints of discrimination concerning federal and federally-regulated employers and service providers.
Access Equity & Human Rights Awards formally recognize residents of Toronto for their outstanding work and commitment in the field of disability issues, race relations and women's issues in Toronto.
www.toronto.ca /immigration/human_rights.htm   (269 words)

  
 Human Rights Internet - The Human Rights Databank
that the mandate and structure of the Canadian Human Rights Commission be revised to conform to the "Paris Principles" [United Nations’ General Assembly resolution 48/134 of 20 December 1993, available under "General Assembly" at http://www.unhchr.ch/huridocda/huridoca.nsf].
That consideration be given to the CHRC playing a coordinating role among Canadian human rights commissions to address and monitor implementation of international human rights obligations.
Encourage the government of Canada to ratify the American Convention on Human Rights with appropriate reservations, to recognize the jurisdiction of the Inter-American Court and to ratify the Optional Protocol to the Convention on the Elimination of Discrimination Against Women.
www.hri.ca /doccentre/docs/Working_Groups.shtml   (1391 words)

  
 Settlement.Org: Legal Services > Human Rights
In Ontario, human rights are protected by the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act and the Human Rights Code.
Tribunals and boards are usually created to hear cases related to a specific area, such as human rights or immigration issues.
The basic human rights of Canadians, immigrants and even visitors to Canada are protected by law.
www.settlement.org /site/LS/humanrights.asp   (256 words)

  
 CBC News In Depth: Same-sex rights
The problem was that the act defined "spouse" as either a married couple or "a man and woman" who are unmarried and have lived together for no less than three years.
The Quebec Court of Appeal rules that homosexuals have the right to marry, and that the traditional definition of marriage is discriminatory and unjustified.
Two men, a Canadian Forces sergeant and a warrant officer, are married in the chapel at CFB Greenwood, N.S., in the military's first gay wedding.
www.cbc.ca /news/background/samesexrights/timeline_canada.html   (5101 words)

  
 BCCLA Position Paper: Re: Bill C-141, Amendments to the Canadian Human Rights Act, 1983
Section 48(6) of the Act provides that companies and organizations are not vicariously liable for acts of employees and agents in the course of employment if the organization did not consent to the commission of the act or omission and exercised due diligence to prevent it.
A requirement that regulations be made on recommendation of the Commission would ensure that the agency responsible for the protection of human rights participated in the process of enacting the regulations.
A complaint under the B.C. Human Rights Code against an apprenticeship board formed jointly by an employer and a trade union failed on the ground that the apprenticeship board was not covered by the Code [see Re Burns and UPPT Local 170 (1978) 82 D.L.R. (3d) 488 (B.C.S.C.)].
www.bccla.org /positions/discrim/83chra.html   (745 words)

  
 Canadian Human Rights Commission
The Canadian Human Rights Commission administers the Canadian Human Rights Act and is responsible for ensuring compliance with the Employment Equity Act.
Both laws ensure that the principles of equal opportunity and non-discrimination are followed in all areas of federal jurisdiction.
In 1940, Québec becomes the last existing province to make it legal for women to vote and run for office, by signing the Act Granting to Women the Right to Vote and to be Eligible as Candidates...
www.chrc-ccdp.ca /default-en.asp   (87 words)

  
 Canadian Human Rights Tribunal
The purpose of the Canadian Human Rights Act is to protect individuals from discrimination.
It states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination.
The Canadian Human Rights Tribunal (CHRT) applies these principles to cases that are referred to it by the Canadian Human Rights Commission (CHRC).
www.chrt-tcdp.gc.ca /index_e.asp   (97 words)

  
 PovNet - Social and Economic Rights in the Canadian Human Rights Act   (Site not responding. Last check: 2007-11-03)
Getting "social and economic rights" in the Canadian Human Rights Act would be an acknowledgement that Canadians living on a low income have rights as impoverished people.
The Act should also be able to provide an way to challenge laws and practices that cause and maintain poverty.
It should also recognize that groups as well as individuals need to be able to file human rights complaints if they are discriminated against because of their social condition.
www.povnet.org /human_rights/human_rights_b.htm   (240 words)

  
 Diabetes and Human Rights
If it was outside federal jurisdiction, you would file with the human rights commission in the province or territory where the incident occurred.
In 1977, Parliament passed the Canadian Human Rights Act to ensure equality of opportunity and freedom from discrimination in areas of federal jurisdiction such as: federal government departments; the post office; chartered banks; airlines; television and radio stations; inter-provincial communications and telephone companies; buses and railways that travel between provinces; and other federally-regulated industries.
Within the context of human rights law, diabetes is referred to as a disability for which discrimination is prohibited.
www.diabetes.ca /Section_Advocacy/diabetes_humanrights.asp   (369 words)

  
 Human Rights Protection in British Columbia - Ministry of Attorney General
The Human Rights Code protects British Columbians from discrimination in areas such as employment, housing, and services and facilities customarily available to the public.
More information about the Human Rights Code is available by following the links to the information sheets listed at the left, and from the B.C. Human Rights Coalition.
The independent Human Rights Tribunal is responsible for dealing with complaints under the Human Rights Code.
www.ag.gov.bc.ca /human-rights-protection   (125 words)

  
 Backgrounder - Repeal of Section 67 of the Canadian Human Rights Act - Indian and Northern Affairs Canada   (Site not responding. Last check: 2007-11-03)
This exemption has the effect of shielding the provisions of the Indian Act and any decisions made or actions taken by band councils and the federal government, made under or pursuant to the Indian Act, from the application of the Canadian Human Rights Act.
This means that they don’t have full access to human rights protection and are unable to file complaints with the Canadian Human Rights Commission alleging discrimination on a prohibited ground arising from actions taken or decisions made under or pursuant to the Indian Act.
Ensuring that fundamental human rights of all Aboriginal people are protected is part of this Government’s goal in shifting Aboriginal people from dependence to self-reliance.
www.ainc-inac.gc.ca /nr/prs/s-d2006/02831bk_e.html   (367 words)

  
 Canadian Human Rights Act: Quick Reference
The Canadian Human Rights Act is the central federal legislation that protects the right of individuals to freely participate without unlawful discrimination in all key aspects of society, including employment.
The Canadian Human Rights Act: Quick Reference - 2007 Edition is intended to provide federal employers, employees and bargaining agents with a complete yet concise overview of the Canadian Human Rights Act and its potential impact on those operating in federally regulated industries.
The Canadian Human Rights Act: Quick Reference - 2007 Edition features many clarifications and additional source references, as well as a significant revision that identifies the Commission’s new screening stage as part of its dispute resolution process, called a "Preliminary Assessment".
www.fedpubs.com /subject/legis/human_rights.htm   (212 words)

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