1. Unit 2: Rights and Freedoms
Human Rights in Canada
Unit 2: Rights and Freedoms

2. Human Rights Development
In a free society like Canada, we are entitled to hold our own beliefs and opinions
However…acting on prejudicial belief and acting on those beliefs could result in discrimination
Essentially all Human Rights are about treating everyone equally and allowing for equal treatment (not that same as equality)
Prejudice and Stereotyping is not illegal but discrimination is
Human Rights legislation is enacted to prohibit discrimination and help protect society against it

3. Some History… 1215 Magna Carta 1689 English Bill of Rights
1776 Declaration of Independence (USA)
1789 Declaration of the rights of Man and of the Citizen
1833 Emancipation Act (Britain)

4. Some more history… And then came World War Two
1948 Universal Declaration of Human Rights (UDHR)- page 608
Article 2: everyone (example of natural law) is entitled to the rights without discrimination based on…
Article 24, 25, 14, 17, 18, 19
Any questions about these…think about it

5. Human Rights in Canada 1948 UDHR (Canada signs) 1960 Bill of Rights
1961 Ontario HR Commission
1977 Canadian Human Rights Act
1982 Charter

6. Human Rights in Canada
The difference between the Charter and Human Rights legislation is this:
Charter deals with public laws and bodies, such as acts of parliament
Human Rights legislation deals with private laws and parties
Easiest difference is employment- if you have a business, having the business is not covered by the Charter but you must follow the OHRC

7. Commissions and Tribunals
Each province and the federal government has their own commissions
Their obligation is to investigate complaints of discrimination, allow for legal procedures to try the cases and to find solutions
Most complaints are decided at the commission level however some require more investigation and when parties will not reach a settlement together. If this occurs the case will proceed to a tribunal

8. Human Rights “Trials”
In this area of law the burden of proof (Onus) is on the complainant – Balance of Probabilities
Covered Areas
Covered Grounds- enumerated or analogous
Was there an adverse impact on the complainant?
Was the adverse impact the result of a bona fide requirement that if dismissed would create undue hardship
What do these mean…