Human Rights

Question 1

Define human rights

Purpose of human rights

Answer 1

Human rights are interdependent rights held by all persons equally, universally and forever
Allow us to work towards vision of a free, just and peaceful world as well as set minimum standards for how people need to be treated

Question 2

Historical milestones in international and Canadian human rights (4)

Answer 2

League of Nations formed after WW1, led to the United Nations after WW2
Universal Declaration of Human Rights 1948 = drafted by the UN, 30 articles defining fundamental rights and freedoms for every human being
Canadian Bill of Rights 1960 = first example of human rights law at federal level
Charter of Rights and Freedoms 1982 = officially became part of the Constitution

Question 3

Canadian Charter

Answer 3

Constitutionally entrenched –> in case of conflict, Charter will take precedence over other human rights legislation
Applies to government agencies at all levels of government
Enforced strictly through courts

Question 4

Canadian Human Rights Act

Answer 4

Federal legislation
Only focuses on equality/non discrimination rights
Applies to all public and private institutions at federal level (e.g. banks, airlines)

Question 5

Ontario Human Rights Code

Answer 5

Provincial legislation
Only focuses on equality/non discrimination rights
Applies to all public and private institutions at provincial and local level

Question 6

Canadian Human Rights Commission - role (5) and process (4)

Answer 6

Investigate discriminatory practices
Dispute resolution
Make referrals to tribunal
Audit public and private employers
Implement informational and preventative programs

Inquiry into alleged discrimination
Examination of case
Early resolution/preventative mediation
Submit formal complaint to tribunal

Question 7

Canadian Human Rights Tribunal - stages (6)

Answer 7

Complaint referral from commission
Mediation
Either settlement or no settlement
Pre hearing case management
Hearing
Decision

Individuals cannot access the tribunal, the commission refers cases only
Tribunal decisions can’t be appealed

Question 8

Ontario Human Rights Commission - role (5) and sectors of application (5)

Answer 8

Attacks discrimination to create systematic change
Refers cases to Human Rights Tribunal of Ontario (individuals can access tribunal themselves too)
May intervene in public interest tribunal cases
Monitors human rights and policies
Conducts human rights inquiries

Employment
Housing
Services
Unions
Contracts

Question 9

Define discrimination

Answer 9

where a person is treated in a manner that has a negative and different impact on that person because of a protected personal characteristic (recognized ground of discrimination)

Question 10

Recognized grounds of discrimination under CHRA (13) and OHRC (+3)

Answer 10

Race
national/ethnic origin
Colour
Religion
Age
Sex (includes pregnancy or childbirth)
Sexual orientation
Gender identity/expression
Marital status
Family status
Genetic characteristics
Disability (mental/physical, disfigurement, or substance dependence)
Conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered

Sexual solicitation/harassment
Receipt of social assistance (in housing only)
Pardoned criminal record (in employment only)

Question 11

Define prima facie case

Answer 11

facts provided are sufficient enough to lead a Court to believe that there has been discrimination, onus is now on the employer to rebut this assumption

Question 12

Test to prove prima facie case of discrimination (2)

Answer 12

That the complainant is a member of a group protected by the code
That the member has been subjected to adverse treatment

Question 13

Defense of bona fide occupational requirement

Answer 13

must prove that accomodation of the needs of an individual would impose undue hardship on the employer (e.g. health, safety, cost)