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HUMAN RIGHTS

HUMAN RIGHTS. Aboriginal Rights The Ontario Human Rights Code (OHRC) Scope of the Code OHRC and the workplace. Aboriginal Rights. Collective rights rooted in historic cultural traditions and practices, based on ancestral use of the land

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HUMAN RIGHTS

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  1. HUMAN RIGHTS Aboriginal Rights The Ontario Human Rights Code (OHRC) Scope of the Code OHRC and the workplace

  2. Aboriginal Rights • Collective rights rooted in historic cultural traditions and practices, based on ancestral use of the land • Rights as distinct peoples recognized in law and treaties

  3. Areas of Concern • Self-government • Land ownership • Control of natural resources

  4. The Royal Proclamation, 1763 • The document reserved lands for Aboriginal peoples (“Indians”) and ordered settlers on those lands to leave • ONLY the British Crown had the right to trade Aboriginal hunting and fishing grounds • However, the Crown gave Aboriginals the right to hunt and fish on these acquired lands • Treaties result

  5. Historic Barriers to Equality • Racist attitudes held by non-natives • Government policies and actions denying Native peoples their cultural heritage and collective rights • 1871-1921: Land agreements • Indian Act, 1876: Policy of assimilation • Residential Schools: Cultural Genocide • Extreme poverty • Failure to provide for the educational needs of the Native youth

  6. Some Significant Gains • Aboriginals are allowed to sue the government over land claims • 1960 gain the right to vote • Drybones case 1970: • Pages 207-208 in text • Removed the non-drinking clause from the Indian Act

  7. Landmark Decisions • Lavell Case 1974 • Challenged the status of Aboriginal Women who married non-Aboriginal men • Calder Case 1973 (pg. 209) • Legal claim to ancestral lands never surrendered • Accepted concept of ‘Aboriginal title’ as legal • Trudeau government introduced process for negotiating land claims settlements as a result

  8. Delgamuukw Case 1997 • Supreme Court defined meaning of ‘Aboriginal Title’, as a test to prove it and showed that Canada’s Constitution protects that title • Aboriginal group has title if it can show it had exclusive occupation of the land before the British Crown declared sovereignty over the land • Court accepted oral histories were acceptable as evidence in the court of law

  9. Marshall Case pg. 214 • Sparrow Case pg. 213

  10. OHRC – Scope of the Code • The OHRC provides protection from discrimination in FIVE areas of our lives • It states that every person has a right to freedom from discrimination in the following Social Areas: • Services, goods and facilities • Occupancy of accommodation • Contracts • Employment • Membership in vocational associations and trade unions

  11. Prohibited Grounds of Discrimination • The Code recognizes that discrimination occurs most often because of a person’s membership in a particular group in society. • If, in any of the FIVE social areas listed previously, a person faces discrimination on any of these grounds, he/she is protected by the Code

  12. 16 Prohibited Grounds for Discrimination • Race • Ancestry • Place of Origin • Colour • Ethnic Origin • Citizenship • Creed

  13. Sex • Sexual Orientation • Handicap • Age • Marital Status • Family Status • Same Sex Partnership Status

  14. Record of Offences • Receipt of Public Assistance

  15. Exceptions to the Prohibited Grounds • There are some exceptions to these prohibited grounds in the area of employment, such as: • An organization that serves a group protected by the Code, may choose to employ only members of that group

  16. An employer may choose to hire or not hire, or promote or not promote his or her own spouse, child or parent of the spouse child or parent of an employee • An employer may discriminate on the basis of age, sex, record of offences or marital status if these are genuine requirements of the job

  17. OHRC – In the Workplace • Harassment • Sexual Harassment • Poisoned Environment • Constructive Discrimination • Systemic Discrimination

  18. Harassment • OHRC defines harassment: • Engaging in a course of vexations [annoying or provoking] comment or conduct which is known or ought reasonably to be known or unwelcome • The most important word is ‘unwelcome’ • Some people may be shy to respond to unwelcome comments or actions. That is why the Code includes the words, ‘ought reasonably to be known or unwelcome’

  19. Sexual Harassment • Sexual harassment occurs when someone receives unwelcome sexual attention and the person making the comments or showing such conduct knows or should reasonably know that the comments or behaviour are offensive, inappropriate, intimidating or hostile • Sexual Solicitation

  20. Poisoned Environment • Created by comments or conduct that ridicule or insult a person or group protected under the Code • It is also produced when such actions or comments are not directed specifically at individuals • It must be clearly evident that such behaviour is making people feel uncomfortable, a single incident may not be enough

  21. Constructive Discrimination • Occurs when a seemingly neutral requirement has a discriminatory effect (or adverse impact) when applied to a group protected by the Code • In these cases, in order to avoid a finding of constructive discrimination, the employer or organization would need to prove:

  22. The job requirement is bona fide, that is, sincerely believed to be necessary, and in an objective sense, necessary for safety, efficiency and economy, and that; • The person from a protected group cannot be accommodated without undue hardship to the employer. That is it would alter the essential nature of the activity or business, affect its economic viability or pose a substantial health or safety risk

  23. Systemic Discrimination • Is discrimination that is part of the operating procedures of many organizations • It can involve various forms of discrimination present in the practices of an organization, some of which may be invisible • It has the effect of denying whole groups of people their rights or excluding them from participation

  24. For example: • Racism or prejudice by those positions of authority may violate the rights of members of certain groups • Biases against groups may mean that they are treated differently • A school may discriminate against people with disabilities in a way that is systemic

  25. The Ontario Human Rights Code allows special programs to relieve disadvantage or achieve equal opportunity in order to counter the effects of systemic discrimination • Such programs include measures to remove barriers that discriminate against groups and ensure that disadvantaged groups have the same advantages others take for granted

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