mod 8 - Canadian Human Rights

Question 1

What are human rights?

Answer 1

• human rights are universal
• human rights are indivisible
• human rights belong to every individual

Question 2

When there is conflict between the Charter and other human rights legislation, such as Canadian human rights act or the Ontario human rights code

Answer 2

• The charter will always take precedence over other human rights legislation (such as the Canadian human rights act or the Ontario human rights code) because it is constitutionally entrenched, while the latter two are ordinary pieces of legislation

Question 3

The charter

Answer 3

• The charter applies at the Local, provincial and federal level but only to government agencies

Question 4

The Canadian human rights act

Answer 4

• applies to discrimination issues at the federal level
• I.e. applies government agencies and business entities that fall within the federal domain
• examples include banks, telecommunications, airlines and interprovincial transportation

Question 5

The Ontario human rights code

Answer 5

• applies to discrimination issues that have a connection with Ontario and that do not fall within the federal domain
• The issue must also fall within one of the five areas covered by the code: employment, housing, services, unions, contracts

Question 6

Making a complaint about discrimination - The Canadian human rights system

Answer 6

• individuals do not have direct access to the Canadian human rights Tribunal. There starting point must be the Canadian human rights commission
• it is the Canadian human rights commission who refers a case to the Canadian human rights Tribunal
• The Canadian human rights Tribunal decisions cannot be appealed it is not a court of law, but they can sometimes be taken on review to the federal court

Question 7

Making a complaint about discrimination- the Ontario human rights system

Answer 7

• in contrast to the Canadian human rights Tribunal, individuals have a right of direct access to the Ontario human rights Tribunal
• the Ontario human rights commission may also refer cases to Ontario human rights Tribunal, or may elect to intervene in cases before the Ontario human rights Tribunal

Question 8

Discrimination

Answer 8

• discrimination is where a person is treated in a manner that has a negative and different impact on that person because of a protected personal characteristic, such as a disability or gender expression

Question 9

Prohibited grounds of discrimination under the Canadian human rights act

Answer 9

• race
• national or ethnic origin
• colour
• religion
• age
• sex
• sexual orientation
• gender identity or expression
• marital status
• family status
• genetic characteristics
• disability
• conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered

Question 10

Prohibited grounds of discrimination under the Ontario human rights code

Answer 10

• race
• colour
• citizenship
• place of origin
• ethnic origin
• creed
• sexual orientation
• gender identity and expression l
• gender/sex
• pregnancy
• sexual solicitation or harassment
• marital status
• family status
• age
• disability
• receipt of social assistance
• pardoned criminal record

Question 11

What needs to be proved to establish a prima facie case of discrimination?

Answer 11

The test for a prima facie case of discrimination has two components:

1. that the complaint is a member of a group protected by the code and
2. That they have been subjected to adverse treatment

Question 12

What must an employer prove to succeed with a defence based on a Bona Fide Occupational Requirement?

Answer 12

• In the case of alleged employment discrimination, the employer may plead a bona fide occupational requirement as defence
• this means means, in essence, that accommodation of the needs of an individual would impose undue hardship on the employer, considering factors like health, safety and cost