EVOLUTION OF HUMAN RIGHTS LEGISLATION

Evolution of Human Rights Law  Human rights protection has been a process in Canada  Less then two decades since our rights have been “enshrined” in the Constitution  Did Canadians operate without rights prior to the Constitution?

Evolution of Human Rights Law  Common Law  Originally, Canadians were protected by the rules of British common law  Common law itself did not provide for a guarantee of civil liberties  A free person is allowed to do anything which is not positively prohibited  E.g. a person has freedom of speech as long as that freedom does not conflict with existing laws that regulate speech such as defamation laws  Defamation m eans making false or malicious statements that injure a person’s reputation

Evolution of Human Rights Law  Canadian Bill of Rights, 1960  Aimed to establish written protection of rights and fundamental freedoms  Right of the individual to life, liberty, security of the person and enjoyment of property  Freedom of religion  Freedom of speech  Freedom of assembly  Freedom of assembly and association  Freedom of the press

Evolution of Human Rights Law  What were the limitations of the Canadian Bill of Rights?  Inadequate in protecting individual rights  EQUALITY PROVISIONS were narrowly defined to mean “equal administration of law”. People seeking rights enforcement from the courts were usually disappointed.  Not a constitutional document, only a federal statute, so it could be revoked  Did not apply to provincial governments  Did not confer ability to create new rights

Evolution of Human Rights Law  Charter Of Rights and Freedoms, 1982  Rights protection would now apply to federal, provincial and territorial governments  Rights protection enshrined in the Constitution  Could not be repealed or changed without constitutional amendment

Evolution of Human Rights Law  Charter of Rights and Freedoms entrench 4 fundamental freedoms  Religion  Expression  Peaceful Assembly  Association

Evolution of Human Rights Law  Charter of Rights and Freedoms guarantee the following rights  Democratic  Mobility  Legal  Equality  Language  Aboriginal and treaty rights

 Harassment defined and protected by the OHRC“engaging in a course of vexatious comment or conduct which is known or ought reasonably to be known to unwelcome”  Sexual Harassment defined and protected by the OHRC“occurs when some receives unwelcome sexual attention and the person showing the conduct knows or should reasonably know that such conduct is offensive, inappropriate, intimidating or hostile”

 Poisoned Environment defined and protected by the OHRC“is created by comments or conduct that ridicule or insult a person or group protected under the OHRC; it is the responsibility of the employer to ensure that such an environment does not exist”

 Constructive Discrimination defined and protected by the OHRC“occurs when a seemingly neutral requirement has a discriminatory or adverse effect when applied to a group”  Systematic Discriminationdefined and protected by the OHRC“is discrimination that is part of the operating procedures of any organization that falls under the OHRC”can be overt and non-overt