Introduction to Human Rights (6:I): Difference between revisions
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Introduction to Human Rights (6:I) (view source)
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* Transportation that crosses provincial or international boundaries (airlines, trains, moving companies, couriers). | * Transportation that crosses provincial or international boundaries (airlines, trains, moving companies, couriers). | ||
* First Nations governments (but not necessarily all businesses or services provided on reserves) | * First Nations governments (but not necessarily all businesses or services provided on reserves) | ||
* RCMP | * Royal Canadian Mounted Police ("RCMP") | ||
The CHRC has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at https://www.chrc-ccdp.gc.ca/en/complaints/make-a-complaint. This tool is not always accurate, so if an entity is not found there but you have reason to believe that it is federal, follow up with further inquiries and analysis. See Section IV of this chapter for more on matters under federal jurisdiction. | The CHRC has a useful assessment tool that can assist in determining if an entity falls under federal jurisdiction. It can be found at https://www.chrc-ccdp.gc.ca/en/complaints/make-a-complaint. This tool is not always accurate, so if an entity is not found there but you have reason to believe that it is federal, follow up with further inquiries and analysis. See Section IV of this chapter for more on matters under federal jurisdiction. | ||
Section 92 of the Constitution Act, 1867 lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, | Section 92 of the Constitution Act, 1867 lists the matters that fall under provincial jurisdiction, including property and civil rights in the province, and generally all matters of a merely local or private nature. If a complaint is covered under the HRC, the matter will come before the British Columbia Human Rights Tribunal ("BCHRT"). Human rights violations that have taken place in BC will usually fall under the provincial legislation. The limitation date for BCHRT claims is one year from when the alleged breach occurred. | ||
In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy purposes underlying it. | In either case, because human rights legislation is considered to be “quasi-constitutional” in nature, the legislation must be given a liberal and purposive interpretation to advance the broad policy purposes underlying it. | ||