1. Human Rights
In Canada

2. Human rights Include: Discrimination:
The right to receive equal treatment
To be free from prohibited discrimination & harassment
To have equal access to places, services, and opportunities
Discrimination:
when an individual is treated unfairly because he or she is a member of a certain group

3. Human Rights Codes
Legal documents that protect people from prohibited discrimination
This differs from place to place
But generally
Race
National/ethnic origin
Colour
Religion
Age
Sex
Sexual orientation
Mental/physical disability
Family or marital status

4. How is this different from the protections of the Charter?
Charter protects you from discrimination in actions taken by:
Government of Canada
Provincial or Territorial governments
Government agencies
It is the foundation of human rights in Canada
It works in conjunction with other bodies of law
Canadian Human Rights Act

5. Canadian Human Rights Act
Federal level
1978
Applies to:
People working for the federal government
… for a private company regulated by the federal government
Anyone who receives goods & services from any of those sectors

6. Canadian Human Rights Act
Outlaws discrimination in employment & in the delivery of goods and services on 11 grounds:
Race
National or ethnic origin
Colour
Religion
Age
Sex
Marital status
Family status
Pardoned conviction
Disability
Sexual orientation

7. Provincial Human Rights Codes
Every province has its own HR Law/Code/Act
Quebec: HR Charter
Applies to:
Other types of organizations not included under federal legislation
i.e. most schools, retail stores, restaurants, factories, renting

8. Are you protected?
Every Canadian is legally protected from discrimination by the various levels of HR legislation
Canadian Charter of Rights & Freedoms
Canadian Human Rights Act
Provincial Human Rights Codes

9. Who enforces HR legislation?
Human Rights Commissions (in Canada)
Federal level
Provincial level
What do they do?
Investigate complaints re: HR violations
Provide legal channels to hear the complaints
Attempt to find solutions to HR problems
They work to educate us about HR and promote equality of opportunity for groups in society that are frequently the target of discrimination

11. What do you do?
Bank?
Post office?

12. What do you do? -> Contact Federal Human Rights Commission Bank?
Post office?
-> Contact Federal Human Rights Commission

13. What do you do?
Corner store?
School?
Harassment at work?

14. What do you do? -> Contact Provincial Human Rights Commission
Corner store?
School?
Harassment at work?
-> Contact Provincial Human Rights Commission

15. Canadian HR Commissions
Many countries do not have commissions
Citizens have no way to have their HR complaints heard or resolved
Some do not have adequate laws to protect their HR
Canada has an excellent HR commission process

16. Brainstorm Brainstorm a list, in pairs, of Human Rights that should be
protected provincially
This can include those referred
to in the Charter & others
Keep this list to hand in with
your upcoming project

17. Canadian HR Research Asg
Teams of 2 Pick 1 province/territory
Create construction paper “slides”
What is protected under the provincial HR code?
What is the complaint process?
What are the responsibilities and activities of the provincial HR commission?
Find one news article/court report on a provincial HR complaint/violation/court proceeding
Was it successfully resolved? What was/will be the verdict?

18. Canadian HR Research Asg
Teams of 2 Pick 1 province/territory
Create construction paper “slides”
What is protected under the provincial HR code?
What is the complaint process?
What are the responsibilities and activities of the provincial HR commission?
Find one news article/court report on a provincial HR complaint/violation/court proceeding
Was it successfully resolved? What was/will be the verdict?

19. Provincial Human Rights Codes
Every province has its own HR Law/Code/Act
Quebec: HR Charter
Applies to:
Other types of organizations not included under federal legislation
i.e. most schools, retail stores, restaurants, factories, renting

20. Provincial Human Rights Codes
Acts of provincial legislature
Are amended periodically
i.e. Fast Fact (p.113)
Subject to the Charter
If a Provincial HR Code violates the Charter, the provision could be struck down
i.e. Justine Blainey (p )
Where else are you restricted based on age or gender?
Would these restrictions be supported by HR Codes?

21. Provincial HR Code Sharing!
Teams of 2 Pick 1 province/territory
Create construction paper “slides”
What is protected under the provincial HR code?
What is the complaint process?
What are the responsibilities and activities of the provincial HR commission?
Find one news article/court report on a provincial HR complaint/violation/court proceeding
Was it successfully resolved? What was/will be the verdict?

23. Provincial Human Rights Codes
Every province has its own HR Law/Code/Act/Charter
Acts of provincial legislature
Are amended periodically
i.e. Fast Fact (p.113)
Subject to the Charter
If a Provincial HR Code violates the Charter, the provision could be struck down

24. Provincial HR Commissions
To protect individuals from discrimination & harrassment
To increase awareness of HR issues
To ensure compliance with HR laws
To hear and resolve complaints

25. Complaint Process Most complaints are settled by commissions But...
4 % which cannot be resolved there go on to:
Boards of inquiry or tribunals

26. Complaint Process Filing a Complaint Complainant: Do not need a lawyer
Can withdraw complaint at any time
Completely confidential
Receive a package/forms to help you file
As the accuser, it is up to you to prove your case
Complainant:
the person making an allegation of discrimination

27. Complaint Process Dismissing a Complaint Respondent:
The HR Commission may dismiss it for a variety of reasons
Another legislative act can better deal with the issue
The complaint is trivial, frivolous, made in bad faith
It is not within the jurisdiction of the Commission
It was filed more than 6 months from the last incident
(i.e. Ontario HR Code)
If the complaint is deemed to be covered by your Prov. Code, the Commission will serve the complaint upon the respondent
Respondent:
the person or organization that the complainant alleges committed discrimination

28. Complaint Process Role of the Commission
if your complaint is not dismissed…
The Commission will ask the 2 parties to enter into mediation
Mediation: intervention between conflicting parties that promotes compromise or settlement of the dispute prior to formal investigation
If parties do not agree to mediation, or no settlement is reached…
The complaint is referred to investigation services for a formal inv.
(gathering evidence, inspecting documents, interviewing witnesses)

29. Complaint Process
After the investigation…
The HR officer writes a report to inform the parties of results
Officer may try to resolve the complaint through conciliation
Conciliation: bringing conflicting parties to a resolution of their differences
If no resolution is reached…
the case is referred to the commissioners

30. Complaint Process Then the decision is final
If the Commissioners turn down the review
Then the decision is final
If they believe that there is evidence of discrimination…
the case is referred to a board of inquiry or human rights tribunal
(like court, witnesses testify & evidence is examined)
The decision of a board of inquiry may be appealed and sent for judicial review

31. Complaint Process Remedies
Intended to put complainants in the same position they would have been in had the discrimination not occurred
Ordering the person/org to stop the practice
Compelling the respondent to issue a letter of apology
Ordering they pay for mental anguish or losses suffered in pay
Compelling an employer to give the job back or grant promotioon
Ordering programs that relieve economic disadvantage
Requiring the org to provide HR & anti-discrimination training

33. Forced Retirement Is Forced Retirement Discriminatory?
(p.114)
Canada’s Economic Action Plan 2011

34. Old Age Security…
Mandatory retirement of federally regulated employees is prohibited from December 2012.
Except in matters of Bona Fide Occupational Requirement
All judges in Canada are subject to mandatory retirement, at age 70 or 75 depending on the court. Federal senators cease to hold their seats at age 75.

35. BFOR Bona Fide Occupational Requirement:
“A qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance
Paragraph 15(1a)  of the Canadian Human Rights Act, states:
  “It is not a discriminatory practice if any refusal, exclusion, expulsion, suspension, limitation, specification or preference in relation to employment is established by an employer based on a BFOR”

36. BFOR Bhinder v. CN, [1985] 2 S.C.R. 561 Case File
Canadian National Railway Co. v Canada (Human Rights Comm.) and Bhinder (1985), 7 C.H.R.R. D/3093 (S.C.C.)

37. BFOR
Bhinder was not discriminated against in the requirement to wear a hardhat at CN Railway

38. BFOR
Let’s hear it again!

39. BFOR
The reasoning in Bhinder was no longer “representative of the law”
Human Rights decisions supersede other laws
“If risk to others [in the workplace] is very low, the right answer may be to say this is a matter of individual choice.” 
But what about the cost to society???

40. Old Age Security…
The Old Age Security (OAS) program provides a modest pension at age 65 for people who have lived in Canada for at least 10 years after the age of 18. Low-income seniors may be eligible for other benefits as early as age 60
Canada’s Federal Budget 2012
Old Age Security Benefits moved age 65 -> 67
Impacts?

41. Grounds of Discrimination
Protected Areas:
Employment
Accommodation & Facilities
Meeting Special Needs
Goods & Services

42. Grounds of Discrimination
Employment
Exceptions under the law
BFOR
Essential to the job & therefore not considered discriminatory
Affirmative Action
Gives advantages to groups who have been discriminated against in the past

43. Discrimination - Employment
Constructive Discrimination
Employment policies that inadvertently exclude certain individuals, resulting in discrimination
(police min. height requirements excluded women & minorities)
Direct Discrimination
An over act of discrimination… practiced openly
(refusing service/employment to someone simply because of their membership in a particular group)

44. Homework Assignment!!
(P.115)
#2, 3, 4
(P.119)
#1, 4, 5

45. Case Study British Columbia (P.S.E.R.C.) v. B.C.G.S.E.U. Read (P. 121)
Discuss questions

46. Duty to Accommodate
An employer has a legal duty to accommodate an employee’s individual needs
i.e. if Bob cannot work Sundays because of religious beliefs, the employer should adjust the schedule
Unless it were to cause the employer to suffer undue hardship
Economic, health, or safety risks that outweigh the benefits of accommodating the employee
i.e. if Sally has a physical disability and her job is to carry heavy boxes up the stairs… her boss should not install an elevator ($$$)
Instead, they should allow Sally to trade duties with another worker
P.123 #1,2

47. Harassment in the Workplace
Employees should be free from experiencing humiliating/ongoing behaviour
Based on any grounds found in Prov. HR Codes (race, sex, rel)
Considered harassment if repeated/ongoing

48. Sexual Harassment Unwelcome…
sexual contact
Remarks
Leering
demands for dates
requests for sexual favors
displays of sexually offensive pictures/graffiti
Employers are responsible for their employees actions
P. 124 “Consider This”

49. Poisoned Environment
When a person or group of people is continually subjected to actions or comments that create an uncomfortable atmosphere
When these actions create real or perceived inequality
i.e. female employee always hears sexist comments from male coworkers
P.125

50. Sexual Harassment in the Workplace
Sexual Harassment is…
Demeaning
Degrading
Causes negative self-esteem
Causes victim to feel powerless in the situation

51. Sexual Harassment in the Workplace
Can occur between same sex or opposite sex individuals
Victims can be either male or female
Victims may not necessarily be the target of the harassment, but may be affected by offensive conduct
Harassment in the Workplace Video 1
Harassment in the Workplace Video 2
Harassment in the Workplace Video 3

52. Interview Activity Groups of 3 – 4
Write down 10 questions to ask someone applying for a clerical position in your school’s office

53. Interview Activity Groups of 3 – 4
2 will roleplay the interview (one as employer and one as potential employee responding to questions)
Employer decides if employee will be hired and why

54. Interview Activity
Groups of 3 – 4
All decide

55. What would you Do?
Sikh being refused a job at a restaurant

56. Upcoming Test… Thursday should be last class for Unit 5 & Test Review
Test should be scheduled for Monday’s class

57. Accommodation & Facilities
Accommodation = the place where people live or want to live
Long term or temporary
All people have the right to equal treatment in accommodation
Protected by provincial HR code
Based on age, marital status, source of income
i.e. refusing to rent based on race

58. Facilities Facilities = areas or buildings designated for public use
i.e. parks, concert halls, hockey rink
Every person has the right to equal treatment with respect to services, goods and facilities without discrimination

59. Meeting Special Needs
Prohibit discrimination on the basis of disability and require employers to accommodate the needs of workers with psychological, emotional, or physical disabilities
The right to full integration and participation in society
Employers, landlords, service providers have a duty to consider special needs
Buildings, programs, procedures, and services must be designed to include all persons equally and fully
P.127, Fig 5.8

60. Homework!!
P.129
1, 3, 6, 7, 8