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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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;
*1. The provision of goods, services, facilities or accommodation customarily available to the general public (s 5)
*b) the provision of commercial premises or residential accommodation;
*2. The provision of commercial premises or residential accommodation (s 6)
*c) employment, employment application advertising, and membership in, or benefit from, employee organizations;
*3. Employment, employment application advertising, and membership in, or benefit from, employee organizations (ss 7-10)
*d) publication of discriminatory notices, signs, symbols, emblems or other representations; 
*4. Unequal wage payment for male and female employees unless justified under s 27(2) (s 11)
*e) situations where an individual filed a complaint under the CHRA; and
*5. Publication of discriminatory notices, signs, symbols, emblems or other representations (s 12)
*f) communication of “hate” messages.
*6. Harassing an individual on prohibited grounds of discrimination (s 13)
*7. Situations where an individual filed a complaint under the CHRA (s 14)
 


== C. Exceptions ==
== C. Exceptions ==
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It 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.  
It 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.
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 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 mediation 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, R.S. 1985, c. F-7 (see Chapter 20: Public Complaints Procedures). It is an offence, punishable on summary conviction, to obstruct any investigation under the CHRA (s 60).
 
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 [[Review of Provincial Court and Tribunal Decisions for Public Complaints (5:I) | Chapter 5: Public Complaints]]).
 
It is an offence, punishable on summary conviction, to obstruct any investigation under the CHRA (s 60).  


The ''Canadian Human Rights Act'' limits the amount of damages that can be sought for injury to dignity to $20.000. However, unlike the HRC,  which is not punitive but remedial, the federal tribunal can award up to $20,000 in damages where they believe the discriminatory conduct was done with recklessness or wilful disregard.  
The CHRA can award punitive damages in amount of $20, 000 where they believe that the discriminatory conduct was done recklessly or with wilful disregard. This is different than the HRC, as the HRC is remedial rather than punitive focused. 


=== 2. Reasons Why Complaints May Not Proceed ===
=== 2. Reasons Why Complaints May Not Proceed ===
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