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To pay the complainant up to $20,000 for any pain and suffering experienced because of the discrimination (section 53(2)(e) of the Act); To pay the complainant up to $20,000 if the discrimination was wilful or reckless (section 53(3) of the Act); and, To award interest on an order to pay financial compensation (section 53(4) of the Act).
- Background
- What The Canadian Human Rights Act Says
- Proscribed Discrimination
- Canadian Human Rights Commission
- Discriminatory Practices and General Provisions
- Milestone Rulings
- Brown v. Canadian Armed Forces
- Haig v. Canada
- First Nations Child and Family Caring Society of Canada v. Canada
- Canadian Human Rights Act and The Canadian Charter of Rights and Freedoms
Following the Second World War, leaders in Canada and around the world recognized the importance of introducing explicit human rights protections. They adopted the Universal Declaration of Human Rightsat the General Assembly of the newly formed United Nations (UN) in 1948. The declaration was drafted by Canadian John Humphrey and Eleanor Roosevelt....
The Canadian Human Rights Act applies only to people who work for or receive benefits from the federal government; to First Nations; and to federally regulated private companies such as airlines and banks. Each province and territory in Canada has its own human rights legislation, which apply to local entities such as schools and hospitals. The Can...
The purpose of the Canadian Human Rights Act ;is to ensure that all individuals have “opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doin...
Part II created the Canadian Human Rights Commission. It is responsible for human rights education, prevention and investigation. It sets out the Commission’s powers, duties and functions. It also describes the process for appointing its members.
Part III contains a series of additional definitions, along with general provisions. For example, it lays out the process that should be followed when parties decide to enter into a settlement agreement. Part III also created the Canadian Human Rights Tribunal and describes the process for appointing its members. The tribunal is responsible for adj...
Since its inception in 1977, the Canadian Human Rights Act has produced a series of landmark human rights rulings. They have occurred in such areas as women’s rights, LGBTQ2 rights, and Indigenous rights. An example of each of these are as follows.
In this 1989 women’s rights case, three women successfully challenged the Canadian Armed Forces’ policy of excluding women from certain roles, including combat. They argued that the differential treatment between women and men constituted discrimination on the basis of sex. Today, women are eligible to serve in any role within the Canadian Armed Fo...
In 1992, Captain Joshua Birch launched a human rights complaint after being discharged from the Canadian Forces for disclosing he was gay. He successfully argued that the omission of sexual orientation from the Canadian Human Rights Act constituted discrimination under the equality rights guarantee set out in section 15 of the Canadian Charter of R...
In 2016, the First Nations Child and Family Caring Society of Canada successfully argued that the Canadian government’s provision of child and family services to First Nations on reserve and in Yukon constituted discrimination by failing to provide the same level of services that exist elsewhere in Canada. The decision promises to have enormous imp...
The Canadian Charter of Rights and Freedoms was entrenched in the Constitution of Canada in 1982. (See Constitution Act, 1982.) This was just five years after the Canadian Human Rights Act was enacted. While the two documents are comparable, they differ in a few key areas. As part of the Constitution, the Charter is the highest law of the land. It ...
Sex discrimination includes gender, pregnancy, and sexual harassment. It means treating someone badly or denying them a beneft because they are male, female, intersex, transgender or because of their gender identity. Sex discrimination can occur in a number of ways, including: • You are called sexist names. • You are denied service.
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Sex discrimination is when you are treated differently because of your sex, in certain situations covered by the Equality Act 2010. The treatment could be a one-off action or could be caused by a rule or policy. It doesn’t have to be intentional to be unlawful. There are some circumstances when being treated differently due to sex is lawful.
A policy requires that a person identifies themselves as either male or female. This may be a case of discrimination based on gender identity or expression. Discrimination is an action or a decision that treats a person or a group badly for reasons such as their race, age or disability. These reasons, also called grounds, are protected under ...
The CHRA, 1977, states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination on the basis of sex, sexual orientation, gender identity or expression (added in 2017), marital status and family status, in employment and the provision of goods, services, facilities or accommodation within federal jurisdiction.
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What is sex discrimination?
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In Canada, the foundation of gender equality can be found in the Canadian Human Rights Act and the Canadian Charter of Rights and Freedoms. At the federal level, these rights are further defined and protected through laws and regulations including: the Employment Equity Act. the Pay Equity Act. the Canadian Gender Budgeting Act.
