Unit 2 - Rights & Freedoms Pt. 2

Question 1

Basic Goals of the HUMAN RIGHTS COMMISSION

Answer 1

1. To prevent discrimination through public education + develop public policy
2. To investigate complaints of discrimination + harassment
3. To try + reach a settlement between the parties in complaints
4. To investigate situations where discrimination may exist

Question 2

Social Areas Protected by the Code

Answer 2

• Services, Goods, & Facilities
• Occupancy of Accommodation: Where you live/want to live (rent or own)
• Contracts: oral or written
• Employment: all aspects
• Memberships: In vocational associations + trade union

Question 3

Prohibited Grounds for Discrimination

Answer 3

• Race
• Place of Origin
• Colour
• Ethnic Origin
• Citizenship
• Ancestry
• Creed
• Sex
• Sexual Orientation
• Disability
• Age
• Martial Status
• Family Status
• Same Sex Partnership Status
• Record of Offences
• Receipt of Public Assistance
• Gender Identity & Gender Expression

Question 4

EXCEPTIONS to Protected Grounds

Answer 4

• An organization that serves a group protected by the Code may choose to employ only members of that group
• An employer may choose to hire or not hire their own family member or employee’s family member
• An employer may discriminate on the basis of age, sex, record of offences, or martial status if these are genuine requirements of the job

Question 5

The Complaint Process (1-3)

Answer 5

1. Code requires the Commission to accept all complaints + Commission maintains neutrality throughout
2. Commissions staff review it to make sure it meets Commission standards
3. Register & ‘serve’ the complaint by sending it to the Respondent(s) (person/organization the complaint is about)

Question 6

The Complaint Process (4-5)

Answer 6

4. Mediation may lead to a settlement = both parties agree to agreement terms
   - Commission staff work w/ both parties to
   settle dispute if possible
5. If mediation is unsuccessful, it will be referred for investigation
   - Investigation officer conducts an impartial
   investigation = interviewing witnesses +
   gathering evidence

Question 7

Defence of Necessity

Answer 7

A claim that the offence was out of necessity.

Question 8

Nullification

Answer 8

Rare situation where a jury will ignore the law & acquit a person, based on the situation.

Question 9

Problem w/ the Bill of Rights

Answer 9

• Contradicting interpretations –> weakened authority
• Doesn’t apply to prov laws bc it’s not in the constitution
• No limitation clause

Question 10

Duty to Accommodate to the Point of Undue Hardship

Answer 10

Code requires an effort, short of undue hardship, to accommodate the needs of persons protected by the Code.

Question 11

Undue Hardship

Answer 11

• A defence under the code
• Employer must prove the defence applies, otherwise a finding of discrimination may be made
• Not the responsibility of the person requesting accommodation to prove it can be accomplished w/out undue hardship

Question 12

Items that May Cause Undue Hardship

Answer 12

• Cost
• Outside sources of funding (if any)
• Health & Safety

Question 13

Costs will Amount to Undue Hardship If They Are…

Answer 13

• Quantifiable
• Shown to be related to the accommodation
• So substantial that they would alter the essential nature of the enterprise, or substantially affect its viability

Question 14

Principle of Accommodation: Individualization

Answer 14

No set formula for accommodation. Each person is unique + must be considered afresh.

Question 15

Principle of Accommodation: Dignity

Answer 15

Persons must be accommodated in a way that best respects their dignity, privacy, confidentiality, comfort, + autonomy.

Question 16

Principle of Accommodation: Inclusion

Answer 16

All persons should have access to their environment + face the same duties + requirements w/ dignity + w/out impediment.

Question 17

Duties & Responsibility: Individuals

Answer 17

• Explain why accommodation is required
• Make their needs known to the best of their ability
• Take part in discussions on possible solutions
• Work w/employer on ongoing basis to manage process

Question 18

Duties & Responsibility: Businesses/Organizations

Answer 18

• Accept employee’s request, in good faith
• Get expert advice when needed
• Take active role in ensuring alternative approaches are possible
• Maintain confidentiality
• Explain undue hardship clearly to employee

Question 19

Duties & Responsibility: Unions

Answer 19

• Take active role as partners in the process
• Share responsibility w/ employer to facilitate
• Respect the privacy of the person requesting

Question 20

The Complaint Process (6-7)

Answer 20

6. Conciliation meeting - Investigation findings are shared verbally w/ both sides + officer tries to get them to settle
   - May consult a lawyer or rep at any stage
   - If parties come to settlement - required to
   sign an agreement to close matter
7. If the complainant refuses to accept a reasonable offer during conciliation, Commission may decide not to send matter to Human Rights Tribunal

Question 21

The Complaint Process (8)

Answer 21

8. Tribunal hears evidence + decides whether or not discrimination occurred + what needs to be done to remedy the situation
   - Commission is responsible for presenting
   evidence + complainant can make separate
   submissions too
   - Commission doesn’t represent
   complainant or respondent
   - Respondent & complainant may retain
   their own legal council
   - Any party may appeal a decision to a
   higher court

Question 22

Bill of Rights VS Charter

Answer 22

The Canadian Bill of Rights: could be amended or repealed by Parliament.
The Charter: guaranteed rights and freedoms that couldn’t be taken away by legislation.