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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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{{REVIEWED LSLAP | date= June 18, 2021} | {{REVIEWED LSLAP | date= June 18, 2021}} | ||
{{LSLAP Manual TOC|expanded = rights}} | {{LSLAP Manual TOC|expanded = rights}} | ||
The ''Canadian Human Rights Act'' (CHRA) prohibits certain forms of discrimination under federal jurisdiction. As mentioned above in '''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 under federal jurisdiction. As mentioned above in '''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 goods, services, facilities or accommodation customarily available to the general public (CHRA, s 5) | # The provision of goods, services, facilities or accommodation customarily available to the general public (CHRA, s 5) | ||
# The provision of commercial premises or residential accommodation (CHRA, s 6) | # The provision of commercial premises or residential accommodation (CHRA, s 6) | ||
# Employment, employment | # 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 s 27(2) (CHRA, s 11) | # Unequal wage payment for male and female employees unless justified under s 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) | ||
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*b) the complaint could more appropriately be dealt with under another Act; | *b) the complaint could more appropriately be dealt with under another Act; | ||
*c) the complaint is trivial, frivolous, vexatious, or made in bad faith; | *c) the complaint is trivial, frivolous, vexatious, or made in bad faith; | ||
*d) the complainant has not exhausted all reasonable alternative grievance or review procedures (if collective agreement or arbitration procedures are available, the | *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) the complaint was not filed '''within one year''' of the alleged act of discrimination (the Commission | *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). | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||