The Canadian Charter of Rights and Freedoms (Charter) provides protection from discrimination in s 15(1). Section 15(2) allows governments to establish programs to ameliorate historical disadvantage of particular minority groups. These programs are sometimes referred to as “affirmative action … [Read more...]
Sexual Harassment and Sexual Assault in the Workplace: Is this Something New?
There has been a great deal of attention in the media lately about allegations of sexual assault and sexual harassment in the workplace. The current “#MeToo Movement” was thought to have started after public accusations of sexual misconduct by former American film producer Harvey Weinstein. The … [Read more...]
Human Rights Law and Employment: Does Context Trump Relationship?
Human rights legislation across Canada has similarities and differences. Most legislation covers discrimination in specific contexts (such as services customarily available to the public) and membership in professional associations or trade unions, or relationships (such as employment or landlord … [Read more...]
Age Discrimination in Alberta Human Rights Legislation: New Developments
Alberta will be amending its Alberta Human Rights Act RSA 2000, c A-25.5 (“Act”), to expand protections for age discrimination and include improved program protections. Bill 23, which introduced amendments to the Act, was passed on November 14, 2017. These amendments were scheduled to come into … [Read more...]
Justice for Victims of Corrupt Foreign Officials Act: Canada Seeks to Hold Foreign Officials Accountable for Human Rights Abuses
On October 4, 2017, Minister of Foreign Affairs, Chrystia Freeland, announced that the House of Commons passed a Bill that originated in the Senate: the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (as the “Magnitsky Act”). The Bill must be approved again by the Senate … [Read more...]
Interveners in Human Rights Cases
Canadian courts, even though they are not litigants, third parties may have an interest in intervening in court proceedings because the court’s judgment may affect them or others whom they represent. They often have information that they believe may be relevant to the courts in making their … [Read more...]
Human Rights Laws and Inclusion of New Grounds—Criminal Record
Various provincial and federal jurisdictions choose to protect people from discrimination on various grounds in areas such as employment, services customarily available to the public and tenancy. In some cases, the grounds protected are the same across jurisdictions. In others, court challenges have … [Read more...]
The Significance of the Charter in Canadian Legal History
The Canadian Charter of Rights and Freedoms is a bill of rights - a statement of rights and freedoms that was added to the Constitution in 1982.Looking Back2017 not only marks 150 years since the British North America Act, 1867 (better known today as the Constitution Act, 1867), came into being, … [Read more...]
Age Discrimination and the Alberta Human Rights Act
Recently, the Alberta government agreed to add protection for age discrimination in the Alberta Human Rights Act (AHRA) in two areas—tenancy and services, goods and accommodation customarily available to the public. This was the result of a Consent Order on January 13, 2017 in the case of Ruth Maria … [Read more...]
Pregnancy Discrimination Remains an Issue
Whenever I teach undergrad students about gender discrimination, they are often quite shocked to discover that as recently as the 1970s, there was a Supreme Court of Canada (SCC) ruling that found that discrimination on the basis of pregnancy was not a form of gender discrimination (See: Bliss v … [Read more...]
