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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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{{LSLAP Manual TOC|expanded = rights}} | {{LSLAP Manual TOC|expanded = rights}} | ||
The ''Canadian Human Rights Act'' (CHRA) prohibits certain forms of discrimination in areas under federal jurisdiction. As mentioned in [[Introduction_to_Human_Rights_(6:I)|Section I]] of this chapter, that jurisdiction is set out in section 91 of the ''[https://laws-lois.justice.gc.ca/eng/const/page-3.html#docCont Constitution Act, 1867]''. The CHRA applies to both public and private bodies, as well as individuals. It covers federal departments and agencies like federal Crown corporations, chartered banks, the broadcast media, airlines, buses and railways that travel between provinces, First Nations, and other federally regulated industries. | The ''Canadian Human Rights Act'' (CHRA) prohibits certain forms of discrimination in areas under federal jurisdiction. As mentioned above in [[Introduction_to_Human_Rights_(6:I)|Section I]] of this chapter, that jurisdiction is set out in section 91 of the ''[https://laws-lois.justice.gc.ca/eng/const/page-3.html#docCont Constitution Act, 1867]''. The CHRA applies to both public and private bodies, as well as individuals. It covers federal departments and agencies like federal Crown corporations, chartered banks, the broadcast media, airlines, buses and railways that travel between provinces, First Nations, and other federally regulated industries. | ||
== A. Prohibited Grounds of Discrimination == | == A. Prohibited Grounds of Discrimination == | ||
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# The provision of commercial premises or residential accommodation (CHRA, s 6) | # The provision of commercial premises or residential accommodation (CHRA, s 6) | ||
# Employment, employment applications and advertising, and membership in, or benefit from, employee organizations (CHRA, ss 7-10) | # Employment, employment applications and advertising, and membership in, or benefit from, employee organizations (CHRA, ss 7-10) | ||
# Unequal wage payment for male and female employees unless justified under | # Unequal wage payment for male and female employees unless justified under section 27(2) (CHRA, s 11) | ||
# Publication of discriminatory notices, signs, symbols, emblems or other representations (CHRA, s 12) | # Publication of discriminatory notices, signs, symbols, emblems or other representations (CHRA, s 12) | ||
# Harassing an individual on prohibited grounds of discrimination (CHRA, s 14) | # Harassing an individual on prohibited grounds of discrimination (CHRA, s 14) | ||
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Any 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 alternative proceedings would be more appropriate. | Any 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 alternative proceedings 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 [[Governing Legislation and Resources for Human Rights (6:I) | Section I.B: Resources]]). | 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 [[Governing Legislation and Resources for Human Rights (6:I) | Section I.B: Resources above]]). | ||
=== 1. How Complaints are Handled === | === 1. How Complaints are Handled === | ||
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Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible. | Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation 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 | Instead of - or subsequent to these stages - the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal (CHRT). The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. 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'', RS 1985, c F-7 (see [[Introduction_to_Public_Complaints_Procedures_(5:I)|Chapter 20: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60). | ||
The CHRA can award punitive damages up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive. | The CHRA can award punitive damages of up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive. | ||
=== 2. Reasons Why Complaints May Not Proceed === | === 2. Reasons Why Complaints May Not Proceed === | ||
Section 41 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including: | Section 41 of the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including: | ||
:(a) | :(a) The complaint is beyond the jurisdiction of the Commission; | ||
:(b) | :(b) The complaint could more appropriately be dealt with under another Act; | ||
:(c) | :(c) The complaint is trivial, frivolous, vexatious, or made in bad faith; | ||
:(d) | :(d) The complainant has not exhausted all reasonable alternative grievance or review procedures (if collective agreement or arbitration procedures are available, the complainant will be expected to pursue them); and | ||
:(e) | :(e) The complaint was not filed '''within one year''' of the alleged act of discrimination (the Commission does retain the power to extend this period under certain circumstances). | ||
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