Lesson 3 Flashcards
What is discrimination (section 10)?
Everyone has the right to full and equal recognition and exercise of their human rights and freedoms without distinction, exclusion or preference based on: race, colour, sex, pregnancy, sexual orientation, civil status, age (except as provided by law), religion, political convictions, language, ethnic or national origin, social condition, a handicap or the use of any means to palliate a handicap (i.e., guide dog).
- Discrimination exists where such a distinction, exclusion or preference has the effect of nullifying or impairing such right.
- Closed list: only those factors listed are to be considered.
- There is no presumption of discrimination so the burden of proof is on you to prove that you have been discriminated against (must be able to prove it).
What is harassment (section 10.1)?
Nobody can harass you based on the grounds listed in section 10.
What is signs/symbols/notice (section 11)?
Nobody can distribute, public or display pictures, signs or symbols involving discrimination or authorize anyone to do so (e.g., graffiti, tags, etc.)
- While one has the freedom to express oneself, one cannot use this freedom to justify discrimination (freedom of expression does not allow you to discriminate).
What is goods and services (section 12)?
No one, through discrimination, may refuse to make a juridical act (contract) concerning goods and services ordinarily offered to the public.
Example: you cannot refuse to serve someone in a store based on the fact that they look “poor” (social condition) - this is for sure discrimination.
What is contractual clauses (section 13)?
No one may in a juridical act (contract) stipulate a clause involving discrimination; such a clause is deemed without effect (unwritten).
Example: your landlord has it written into the residential lease contract that you cannot have a baby living in the appartment. This clause (paragraph) is invalid (nul) but the rest of the lease remains valid.
What is public place (section 15)?
No one may through discrimination inhibit access of another to public transportation or a public place, such as a commercial establishment, hotel, restaurant, theatre, cinema, park, camping ground or trailer park, or his obtaining the goods and services available there.
Example: restaurants can refuse to serve someone for health and safety related reasons (but not simply because they look poor).
Public place (section 15): what is loitering?
A shopping centre invites the public to come in and shop. A shopping centre is not simply a place where you go to spend the day to stay warm in the winter and cool in the summer (you can’t be not shopping at all and spend the day there) - they are entitled to ask you to leave, it wouldn’t be discrimination.
Public place (section 15): what is nuisance?
Obligation not to cause undo disturbance to others.
Example: parents of a crying baby can be asked by the movie theatre management to take their baby and leave (because they’re creating a nuisance, movie theatre will probably refund them).
- But cannot put a sign saying no babies allowed - that would be discrimination.
What is employment (section 16)?
No one may practice discrimination in respect of the hiring, apprenticeship, duration of probationary period, vocational training, promotion, transfer, displacement, laying off, suspension, dismissal, or conditions of employment of a person or in the establishment of categories or classes of employment.
- No one may refuse to hire, fire, demote or refuse to promote somebody based on discriminatory reasons (factors section 10).
What is employment (section 18.1)?
No one may in an employment application form or employment interview require a person to give information regarding any ground mentioned in section 10 unless:
- the information is useful for the application of section 20
- or is useful for the implementation of an affirmative action program in existence at the time of the application. An affirmative action program is discussed in section 86 of the Charter and gives a preference to those groups who have been historically discriminated against in the past - especially women and members of visible minorities.
What is employment (section 20)?
A distinction, exclusion or preference based on the aptitudes or qualifications required for an employment is deemed non-discriminatory.
- French is a relevant aptitude required for employment in the province of Quebec (despite section 10, because of the section 20 exception), so you can make distinctions based on language in this situation.
- Section 20 also creates exceptions for charitable, religions, and non-profit institutions (which we will not focus on in this course).
What is equal salary (section 19)?
Every employer must without discrimination grant equal salary and wages to his personnel who perform equivalent work at the same place.
- We say “equivalent” instead of “equal” because defining what is equal work is very hard, because technically every person is doing something slightly different.
- Equivalent work = doing the same thing but maybe in different ways.
What is criminal record (section 18.2)?
No one may dismiss, refuse to hire or otherwise penalize a person in their employment owing to the mere fact that they were convicted of a penal (provincial laws) or criminal offence:
- If the offence was in no way connected with the employment or if the person has received a pardon for the offence.
Criminal record (section 18.2): what happens if you have received a pardon?
- If you have received a pardon, you are not required to disclose the fact that you have a previous conviction in a job interview or application. Members of the public, such as employers, will not be able to have access to your criminal record.
- If you have received a pardon, you cannot be asked in an employment interview whether you have ever been arrested.
- Being convicted = you pleaded guilty in front of a judge, or the judge rendered the decision that you were guilty after a trial.
- Being arrested does not mean that you have a criminal record.
Criminal record (section 18.2): what happens with job application forms?
When you sign a job application form there is usually a printed paragraph on same which states that you authorize the employer of its agent/representative to verify all of the facts and information that you have written on the form. You are therefore authorizing the release of confidential information including a verification of your criminal record.
- All of our records are confidential information thay an employer can reasonably ask for in order to assess your eligibility for employment.
