HUMAN RIGHTS IN CANADA CLN4U: Unit 2 (Chapter 6)

What are Human Rights? Human Rights are those rights that secure an individual’s inherent dignity and self-worth. Human Rights are those rights that secure an individual’s inherent dignity and self-worth. Human Rights issues concern basic rights, such as personal safety, mobility, beliefs, and equality. Human Rights issues concern basic rights, such as personal safety, mobility, beliefs, and equality. Human Rights issues usually involve violating rights and freedoms through discrimination, prejudice, and stereotyping. Human Rights issues usually involve violating rights and freedoms through discrimination, prejudice, and stereotyping. Protection of Human Rights requires each person to be treated in a fair and equitable way. Protection of Human Rights requires each person to be treated in a fair and equitable way.

The History of Human Rights Human Rights have been reflected by laws throughout history. Examples include: The Magna Carta (the law applies to all) The Magna Carta (the law applies to all) The U.S. Declaration of Independence The U.S. Declaration of Independence (equality, life, liberty, happiness) The French Declaration of the Rights of Man (liberty, property, security, etc.) The French Declaration of the Rights of Man (liberty, property, security, etc.) The British Emancipation Act The British Emancipation Act (abolished slavery)

More recently… World War II witnessed terrible abuses of human rights; most notably the holocaust. World War II witnessed terrible abuses of human rights; most notably the holocaust. The establishment of the United Nations after the second world war, immediately sought to address the problem of Human Rights abuses around the world. The establishment of the United Nations after the second world war, immediately sought to address the problem of Human Rights abuses around the world. The U.N. Universal Declaration of Human Rights, created a global standard that sought to protect human rights in every country. The U.N. Universal Declaration of Human Rights, created a global standard that sought to protect human rights in every country. Many countries created laws that mirrored the Universal Declaration of Human Rights. Many countries created laws that mirrored the Universal Declaration of Human Rights.

How Canada Protects Human Rights The Charter of Rights and Freedoms The Charter of Rights and Freedoms The Canadian Human Rights Act The Canadian Human Rights Act Provincial Human Rights legislation Provincial Human Rights legislation Human Rights Commissions and Tribunals Human Rights Commissions and Tribunals

The Charter of Rights and Freedoms As part of the Constitutional law, the Charter overrides any other laws that conflict with it, thereby effectively protecting the rights and freedoms of Canadians. As part of the Constitutional law, the Charter overrides any other laws that conflict with it, thereby effectively protecting the rights and freedoms of Canadians. The Charter provides a list of rights protected, and outlines the government’s responsibility in upholding these rights. The Charter provides a list of rights protected, and outlines the government’s responsibility in upholding these rights. The Charter applies only to “public” laws and bodies, including the laws of the Federal and Provincial legislatures, but not to “private” or “civil” laws. The Charter applies only to “public” laws and bodies, including the laws of the Federal and Provincial legislatures, but not to “private” or “civil” laws.

Federal and Provincial Human Rights Legislation These apply to “private” laws and parties Canadian Human Rights Act Applies to federal government departments and businesses that fall under federal jurisdiction. Applies to federal government departments and businesses that fall under federal jurisdiction. Provincial Human Rights Codes These codes vary slightly by province, but generally cover public and private institutions (except federal jurisdictions) These codes vary slightly by province, but generally cover public and private institutions (except federal jurisdictions)

Quick Test – to which does the Charter\OHRA not apply? a school does not allow kirpans to be worn in school a school does not allow kirpans to be worn in school IRHS teacher won’t let you leave class to talk with your friends IRHS teacher won’t let you leave class to talk with your friends You mother won’t let you associate with Dutch people You mother won’t let you associate with Dutch people You can’t rent an apartment since you are a male/female/short tall or other random reason You can’t rent an apartment since you are a male/female/short tall or other random reason

Right not to be discriminated against 5 social areas 1.Housing accommodation 2.Contracts 3.Employment 4.Vocational Association 5.Stores, restaurants, bars

-contracts-whether written or oral agreements -employment-including advertisements, application forms and job interviews as well as work assignment, training, and promotions membership in vocational associations and trade unions-such as the Ontario Secondary School Teachers' Federation or United Steelworkers

Prohibited Grounds of Discrimination 16 of them

RACE, COLOUR COLOUR

PLACE OF ORIGIN, ANCESTRY

MORE GROUNDS….. - ethnic origin-social, cultural or religious practices drawn from a common past citizenship-membership in a state or nation - creed-religion or faith - age years (employment); 16+ years (accommodation); 18+ years (all other areas) ‏ receipt of public assistance-in housing only - handicap-physical disability or disfigurement; learning disability or any dysfunction in the ability to understand or use symbols or speech, developmental disability, psychiatric disability

MORE GROUNDS….. marital status-including cohabitation, widowhood, separation family status-the parent/child relationship same sex partnership status-the status of living with a person of the same sex in a conjugal relationship outside marriage. record of offences-provincial offences or pardoned federal offences (in employment) ‏ sex-discrimination can be sexual in nature, or because of gender or pregnancy. Also includes the notion of gender identity. sexual orientation-includes lesbian, gay, bisexual or heterosexual

The OHRA does not protect against everything AREAS ❖ Contracts, Accommodation, Services, Employment, Vocational Organizations ▼GROUNDS ❖ Race, Ancestry, Place of Origin, Creed, Handicap, Marital Status, Colour, Age, Sexual Orientation, Same- sex partnership status, Record of offences, Sex, Family Status

Could you argue OHRA here?

Some exemptions to prohibited grounds ❖ There are some exceptions to these prohibited grounds in the area of employment:

Some exemptions to prohibited grounds an organization that serves a group protected by the Code, such as religious, educational or social institutions serving ethnic groups, people with disabilities, religious groups, etc., may choose to employ only members of that group; an organization that serves a group protected by the Code, such as religious, educational or social institutions serving ethnic groups, people with disabilities, religious groups, etc., may choose to employ only members of that group;

MORE EXEMPTIONS TO PROHIBITED GROUNDS an employer may choose to hire or not hire, or to promote or not promote his or her own spouse, child or parent or the spouse, child or parent of an employee; an employer may choose to hire or not hire, or to promote or not promote his or her own spouse, child or parent or the spouse, child or parent of an employee;

MORE EXEMPTIONS TO PROHIBITED GROUNDS ● an employer may discriminate on the basis of age, sex, record of offences or marital status if these are genuine requirements of the job. For example, a shelter for battered women may choose to hire only women as counsellors

HARASSMENT ❖ "engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome."

HARASSMENT continued ❖ It does not matter if the person/perpetrator has done this intentionally or unintentionally

Sexual Harassment ❖ Every employee has the right to be free from sexual harassment from other employees, supervisors and customers. Tenants also have a right to freedom from harassment on the basis of sex by the property owner, property owner's agent, or another tenant.

Sexual Harassment ❖ Sexual harassment occurs when someone receives unwelcome sexual attention and the person making the comments or showing such conduct knows or should reasonably know that the comments or behaviour are offensive, inappropriate, intimidating or hostile.

❖ The Code is also violated ➢ sexual solicitation from a supervisor or other person in a position of authority, ■if he/she knows or ought reasonably to know it is unwelcome.

➢ if a supervisor threatens or penalizes an employee for not complying with sexual demands.

❖ The Code prohibits sexual harassment of students by other students, teachers by students and students by teachers as unequal treatment on the basis of sex.

Is this sexual harassment? Asking someone out on a date?

What if someone asks you out 37 times?

Yes!

Is this sexual harassment? 1.You are a supervisor at Price Chopper. 2.One of the cashiers under your supervision asks you out.

Is this sexual harassment? ❖ Maybe. ❖ But as a person in a position of power are you setting yourself up for some BIG trouble if things go sour?

Human Rights Commissions and Tribunals Human Rights Commissions implement and administer human rights legislation. Human Rights Commissions implement and administer human rights legislation. They investigate complaints concerning possible human rights violations, and set procedures to try and find solutions. They investigate complaints concerning possible human rights violations, and set procedures to try and find solutions. If the problem cannot be solved, the case can be sent to a Human Rights Tribunal for a formal hearing, where the principles of human rights legislation are applied. If the problem cannot be solved, the case can be sent to a Human Rights Tribunal for a formal hearing, where the principles of human rights legislation are applied. Human Rights Tribunals hear cases related to discrimination only. Human Rights Tribunals hear cases related to discrimination only.

Standards of Proof With Human Rights Codes, the standard of proof of a complainant is the “balance of probabilities”, which is a lower standard than in Criminal Law where the standard of proof is “beyond a reasonable doubt”. With Human Rights Codes, the standard of proof of a complainant is the “balance of probabilities”, which is a lower standard than in Criminal Law where the standard of proof is “beyond a reasonable doubt”.

Judgments Any judgment by a Human Rights Tribunal can be appealed to a Superior Court, or even to the Supreme Court of Canada. Any judgment by a Human Rights Tribunal can be appealed to a Superior Court, or even to the Supreme Court of Canada. Human Rights Codes provide only civil remedies, not criminal penalties such as imprisonment. Human Rights Codes provide only civil remedies, not criminal penalties such as imprisonment. Compensation may include payments and or changes to the way an organization operates. Compensation may include payments and or changes to the way an organization operates.

…Judgments Like all other legislation, human rights codes are subject to the provisions set out in the Charter of Rights and Freedoms. Like all other legislation, human rights codes are subject to the provisions set out in the Charter of Rights and Freedoms. Any section of these codes can be struck down by the courts if they are found to contravene the Charter. Any section of these codes can be struck down by the courts if they are found to contravene the Charter.

Fultan Case Did he discriminate? Did he discriminate? In 2006, a transgendered woman (now known as Lisa MacDonald) visited Downtown Health Club for Women in St. Catharines, Ontario and asked owner John Fulton for Membership. MacDonald explained that she was actually a pre-operative Male-to-Female transsexual who was in the process of undergoing as sex-change operation, but for the time being, still possessed male gentalia. Fulton explained his concern that with only one change room and shower room in the club, admitting this individual would have meant allowing a man to observe the other patrons—all female—in various stages of undress. Approximately one week later, the individual filed a human rights complaint with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination In 2006, a transgendered woman (now known as Lisa MacDonald) visited Downtown Health Club for Women in St. Catharines, Ontario and asked owner John Fulton for Membership. MacDonald explained that she was actually a pre-operative Male-to-Female transsexual who was in the process of undergoing as sex-change operation, but for the time being, still possessed male gentalia. Fulton explained his concern that with only one change room and shower room in the club, admitting this individual would have meant allowing a man to observe the other patrons—all female—in various stages of undress. Approximately one week later, the individual filed a human rights complaint with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination