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Additional Resources

Analyzing Human Rights and Reparative Measures in Canada

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The Canadian Human Rights Act

The Canadian Human Rights Act provides protection against discrimination in private relationships that fall under federal jurisdiction. It primarily applies to federally regulated businesses and the federal public service, governing, among other things, employment relationships within the federal government and in businesses primarily regulated by federal laws, such as banks, transportation companies, and telecommunications enterprises.

The Act prohibits discrimination based on the following grounds:

Race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, pardoned status, or disability.

These grounds of discrimination are prohibited in the following areas: goods, services, facilities, or accommodation available to the public; commercial leasing or housing; employment; trade unions; the publication or public display of notices, signs, symbols, or other representations; and harassment.

Who to Contact in Case of a Violation of the Canadian Human Rights Act?

The Canadian Human Rights Commission

The Canadian Human Rights Commission is responsible for promoting and protecting human rights in Canada. It reviews complaints filed under the Canadian Human Rights Act, conducts research related to the Act, and develops public awareness programs on human rights issues. The Commission also issues public statements and submits special reports to the Parliament of Canada.

What to Do in Case of Discrimination?

If discrimination occurs in violation of the Canadian Human Rights Act, a complaint must be filed with the Canadian Human Rights Commission. The Commission may also initiate its own investigation if it has reasonable grounds to believe that a discriminatory act has been committed. Upon receiving a complaint, the Commission decides whether to accept it.

In some cases, once accepted, the complaint undergoes a preliminary assessment process, during which the Commission determines whether to proceed with the complaint. The Commission may decide not to proceed if the complaint falls outside its jurisdiction, is filed after the legal deadline specified in the Act, or is deemed frivolous, vexatious, or made in bad faith

Complaint Process

If the complaint is accepted, the Commission will request a written response from the individual or organization accused of discrimination, followed by a reply from the complainant. The Commission then determines the next steps, which may include sending the complaint to mediation or conciliation, referring the complaint to the Canadian Human Rights Tribunal, reviewing preliminary issues if they have not been addressed, or investigating the allegations in the complaint. The Commission may combine these steps if necessary for a particular case.

 

Following these procedures, the Commission will render a decision, which may involve approving a settlement, dismissing the complaint, or referring it to the Canadian Human Rights Tribunal.

IMPORTANT: A complaint must be filed with the Commission within one year of the alleged discrimination.

For more information on the complaint process, see:
 

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The Canadian Human Rights Tribunal

The Canadian Human Rights Tribunal is an independent body separate from the Canadian Human Rights Commission. It is responsible for adjudicating disputes arising under the Canadian Human Rights Act when a complaint is referred to it by the Commission. When the Commission requests the Tribunal to hear a complaint, the Tribunal’s Chairperson assigns a member to conduct a public hearing to decide on the complaint.

The Tribunal also offers mediation services at any stage of the process. If a hearing is held, the assigned member determines whether discrimination occurred. If so, they may order various remedies to compensate the victim.

What Types of Remedies Are Available?

If the Tribunal determines that discrimination has occurred, the adjudicating member may order various remedies. They may require the individual or entity responsible for the discrimination to cease all discriminatory practices and to restore the victim’s rights, opportunities, and privileges that were denied due to the discrimination. The Tribunal may also order the payment of financial compensation to the victim for any economic loss suffered as a result of the discrimination or for the pain and suffering caused by the discriminatory practice.

What If You Disagree with the Tribunal’s Decision?

It is possible to challenge the Tribunal’s decision by filing an application for judicial review with the Federal Court of Canada.

IMPORTANT: The application must be filed within 30 days of receiving the Tribunal’s decision.

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The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms guarantees all Canadian citizens, permanent residents, and individuals in Canada the rights and freedoms recognized as essential in a free and democratic society such as Canada.

 

These include freedom of conscience, religion, thought, expression, peaceful assembly, and association, as well as the right to life, liberty, and security, fair procedures in cases of arrest or detention, and the right to vote.

The scope of the Charter is limited.

The scope of the Charter is limited to relationships between the state and individuals. It does not apply to interactions between private individuals, which instead fall under various provincial laws and the Canadian Human Rights Act. As a result, the Charter applies to government laws and actions, ensuring that these fundamental rights and freedoms are protected from acts and legislation enacted by the Parliament and government of Canada, as well as by provincial legislatures and governments.

Gradient Background

Under section 15, the Charter guarantees protection against discrimination in federal and provincial laws and government actions.

It prohibits discrimination based on the following grounds: race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability. However, this list is not exhaustive and may extend to other groups with analogous characteristics.

If a case of discrimination constitutes a violation of the Canadian Charter of Rights and Freedoms, the victim(s) must bring the matter before the courts by following the regular legal procedures in the province where they are located.

The Protection of Human Rights in Canada

Click on a province or territory to explore how human rights are protected in this region.
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