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Human Rights

Human Rights. In Canada. Human rights. Include: The right to receive equal treatment To be free from prohibited discrimination & harassment To have equal access to places, services, and opportunities Discrimination:

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Human Rights

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  1. Human Rights In Canada

  2. Human rights • Include: • 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

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

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

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

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

  14. 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

  15. 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

  16. 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?

  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. 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

  19. 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.113-114) • Where else are you restricted based on age or gender? • Would these restrictions be supported by HR Codes?

  20. 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?

  21. 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

  22. 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

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

  24. Complaint Process • Filing a Complaint • 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

  25. Complaint Process • Dismissing a Complaint • 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

  26. 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)

  27. 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

  28. Complaint Process • 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

  29. 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

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

  31. 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. Federalsenators cease to hold their seats at age 75.

  32. 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”

  33. BFOR • Bhinderv. 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.)

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

  35. BFOR Let’s hear it again!

  36. 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???

  37. 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?

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

  39. 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

  40. 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)

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

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

  43. 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

  44. 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

  45. 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”

  46. 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

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

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