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Difference between revisions of "Canadian Human Rights Act (6:IV)"
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Canadian Human Rights Act (6:IV) (view source)
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = rights}} The ''Canadian Human Rights Act'' [''CHRA''] prohibits certain forms of discrimination in the federal jurisdiction. As mentioned above,...") |
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The activities where discrimination is prohibited include: | The activities where discrimination is prohibited include: | ||
*a) the provision of goods, services, facilities or accommodation customarily available to the general public; | *a) the provision of goods, services, facilities or accommodation customarily available to the general public; | ||
*b) the provision of commercial premises or residential accommodation; c) | *b) the provision of commercial premises or residential accommodation; | ||
*c) employment, employment application advertising, and membership in, or benefit from, employee organizations; | |||
*d) publication of discriminatory notices, signs, symbols, emblems or other representations; | |||
e) situations where an individual filed a complaint under the CHRA; and f) communication of “hate” messages.C.ExceptionsUnder s 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in BC’ s HRC, such as those relating to bona fide occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under ss 9 & 15 of the CHRA which is now a significant difference from the HRC of BC, where mandatory retirement is now generally prohibited. Section 16 of the CHRA (similar to s 42 of the B.C. HRC) states that an Equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself. Previously, s 67 of the CHRA stated that the CHRA did not apply to the Indian Act, with the result that any actions taken by band councils or the federal government under the Indian Act were exempt from the CHRA. Section 67 has since been repealed, which was a contentious move among some First Nations leaders.D.Filing a Complaint Under the A ctAny individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a complaint, the Commission may refuse to proceed without the victim’ s consent. The Commission itself may lay a complaint or it may discontinue an investigation if it deems the complaint to be frivolous or if other alternatives would be more appropriate. The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office but in practice it is generally preferable to deal with the Commission’ s Vancouver office. Please consult the Commission’ s website for a detailed description of the complaint process (see Section I.B:Resources, above).1.How Complaints are HandledIt is, in most cases, both possible and preferable that complaints be resolved through discussions leading to mutual agreement. To facilitate this, the CHRA provides for an investigation stage and, where necessary, a conciliatory stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible. Instead of, or subsequent to, these stages, the Commission may refer the complaint to a quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the complainant at all stages of the process, and usually represents the complainant at the hearing stage. However, it acts in a more neutral fashion at the investigation and mediation stages. Please note that the caveat about the difficulty of proving specific discrimination, mentioned in regard to the BC HRC, also applies to the federal CHRA. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the Federal Courts Act, R.S. 1985, c. F-7 (see Chapter 20: Public Complaints Procedures) | |||
