Unit 2 - Rights & Freedoms Pt. 2 Flashcards
Basic Goals of the HUMAN RIGHTS COMMISSION
- To prevent discrimination through public education + develop public policy
- To investigate complaints of discrimination + harassment
- To try + reach a settlement between the parties in complaints
- To investigate situations where discrimination may exist
Social Areas Protected by the Code
- 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
Prohibited Grounds for Discrimination
- 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
EXCEPTIONS to Protected Grounds
- 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
The Complaint Process (1-3)
- Code requires the Commission to accept all complaints + Commission maintains neutrality throughout
- Commissions staff review it to make sure it meets Commission standards
- Register & ‘serve’ the complaint by sending it to the Respondent(s) (person/organization the complaint is about)
The Complaint Process (4-5)
- Mediation may lead to a settlement = both parties agree to agreement terms
- Commission staff work w/ both parties to
settle dispute if possible - If mediation is unsuccessful, it will be referred for investigation
- Investigation officer conducts an impartial
investigation = interviewing witnesses +
gathering evidence
Defence of Necessity
A claim that the offence was out of necessity.
Nullification
Rare situation where a jury will ignore the law & acquit a person, based on the situation.
Problem w/ the Bill of Rights
- Contradicting interpretations –> weakened authority
- Doesn’t apply to prov laws bc it’s not in the constitution
- No limitation clause
Duty to Accommodate to the Point of Undue Hardship
Code requires an effort, short of undue hardship, to accommodate the needs of persons protected by the Code.
Undue Hardship
- 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
Items that May Cause Undue Hardship
- Cost
- Outside sources of funding (if any)
- Health & Safety
Costs will Amount to Undue Hardship If They Are…
- 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
Principle of Accommodation: Individualization
No set formula for accommodation. Each person is unique + must be considered afresh.
Principle of Accommodation: Dignity
Persons must be accommodated in a way that best respects their dignity, privacy, confidentiality, comfort, + autonomy.
Principle of Accommodation: Inclusion
All persons should have access to their environment + face the same duties + requirements w/ dignity + w/out impediment.
Duties & Responsibility: Individuals
- 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
Duties & Responsibility: Businesses/Organizations
- 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
Duties & Responsibility: Unions
- Take active role as partners in the process
- Share responsibility w/ employer to facilitate
- Respect the privacy of the person requesting
The Complaint Process (6-7)
- 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 - If the complainant refuses to accept a reasonable offer during conciliation, Commission may decide not to send matter to Human Rights Tribunal
The Complaint Process (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
Bill of Rights VS Charter
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.
