From time to time, concerns are expressed about the length of time human rights complaints take to resolve. There are some circumstances where resolution of these cases does seem to take too long. Unfortunately, those who criticize the existence of human rights commissions often take these … [Read more...]
Canadian Human Rights Tribunal Sets the Stage for First Nation Discrimination Cases
In late January, 2016, the Canadian Human Rights Tribunal (Tribunal) ruled that children living on First Nations reserves have been discriminated against because of underfunding of education and child welfare. (see: First Nations Child and Family Caring Society of Canada et al v Attorney General of … [Read more...]
Human Rights Protection Added for Transgender Identity
A trans-identified, transgender or transsexual person is someone who feels they were born in the wrong body (for example, someone born either with female anatomy who feels male, or with male anatomy who feels female, on a deep, psychological and emotional level) and therefore has a gender identity … [Read more...]
Human Rights Issues Behind the Niqab
The issue of whether the government can require a woman to remove her niqab before swearing her oath of citizenship in Canada has been the subject of a lot of media attention in the last while. While this issue directly affects a small number of people (about 100 per year), it brings to light a … [Read more...]
Interesting Result in Human Rights Supreme Court of Canada Case
A recent Supreme Court of Canada case, Quebec (Commission des droits de la personne et des droits de la jeunesse) v Bombardier Inc (Bombardier Aerospace Training Centre), 2015 SCC 39, provides guidance on the complainant’s burden of proving discrimination. The case law on discrimination provides … [Read more...]
Supreme Court of Canada Addresses Jury Composition and Aboriginal Equality
A few months ago, this human rights column was about the Ontario Court of Appeal’s decision in R v Kokopenace, 2013 ONCA. The major issues in Kokopenace were the scope of the right to representativeness on the jury roll (a list of persons who are eligible to serve on a jury) under sections 11(d), … [Read more...]
Role of the Organization of American States in Canadian Human Rights: Part 2
This is a continuation of an earlier column about the Report on Murdered and Missing Indigenous Women in British Columbia, Canada which was issued in December 2014 by the Inter-American Commission on Human Rights (“IACHR”) of the Organization of American States. The Report concludes with a series … [Read more...]
Role of the Organization of American States in Canadian Human Rights
Recently, the Inter-American Commission on Human Rights of the Organization of American States (OAS) said that there should be an inquiry in Canada into the country’s missing and murdered indigenous women and girls. The seven-member panel concluded that the disappearances and murders are part of a … [Read more...]
The Right of First Nations Peoples to a Representative Jury
On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
Why Canada Should Have a Museum for Human Rights
Recently, the Canadian Museum for Human Rights opened in Winnipeg. It is the first national museum built outside of Ottawa and the only one in the world that is dedicated solely to human rights. The museum was originally envisioned and supported by the late Israel and Babs Asper. Governments … [Read more...]