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7 Human Rights Law

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Jen Rinaldi

on 29 October 2018

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Transcript of 7 Human Rights Law

Resisting the Law
Human Rights Law
Discriminatory Treatment

Constitution Act, 1867
Patriation, 1982
Charter of Rights and Freedoms
International Human Rights Law
Canadian Human Rights Framework
Duty to Accommodate
Defining Human Rights
Grounded in human dignity
Take priority over all other claims
With every human right comes a correlative duty for the rest of us to respect and help realize those rights
Canadian Human Rights Framework
International Covenants
Canadian Charter of Rights and Freedoms
Human Rights Codes
International Covenants
1948 Universal Declaration of Human Rights places burden of securing human rights upon every individual and every organ of society
"Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world" Preamble
"All human beings are born free and equal in dignity and rights" Article 1
Justiciability - human rights must be recognized in a court of law to be legal rights
Next Time
Criminal Law
Special Bodies
Canadian Human Rights Act & Provincial/Territorial Human Rights Codes
CHRA - federal statute that applies to federal departments and agencies; Crown corporations; federally regulated private sector organizations, employers, and providers of goods, services, facilities, and accommodation
Provincial/Territorial Codes (eg, OHRC) - statutes that apply to provincial government agencies, private businesses, individuals acting as employers or provide goods, services, and accommodation
Three components:
Establishment of special bodies
Outline of prohibited forms of discriminatory treatment
A duty to accommodate
Special Bodies: Human Rights Systems
Human Rights Commission - public education, awareness, and promotion of systemic change
Human Rights Tribunal - hears complaints and can order remedies
Human Rights Legal Support Centre - supports the navigation of tribunal process
Tribunal Stages
Application - File claim identifying areas and ground of violation, person/organization against whom application is made, incidents, impacts, remedy sought
Response to allegation, submitted in writing
Mediation - applicant and respondent voluntarily work to reach mutually agreeable solution
Hearing - applicant and respondent present evidence and may call witnesses, adjudicator finds violation or dismisses
Forms of Discriminatory Treatment
Direct discrimination - on its face discriminates on a prohibited ground
Adverse effects discrimination - creates disadvantage
Harassment - vexatious comments or conduct based on prohibited grounds
Poisoned environment - comments or conduct that degrade based on prohibited ground that makes person feel unwelcome
Racial Profiling
"Any action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place or origin rather than on reasonable suspicion to single out an individual for greater scrutiny or different treatment" OHRC
In police encounters: being followed or monitored, police stops/carding, searches, investigations, harsh or heavy handed treatment and unwarranted charges, unnecessary calls for reinforcement, excessive use of force, reprisals
Black Lives Matter
Created following acquittal of George Zimmerman in 2012
BLM-TO tent city outside Toronto police headquarters, 2016, following Andrew Loku's death
Known for disrupting Toronto Pride parade
OHRC Public Interest Inquiry
November 2017 inquiry into racial profiling by Toronto Police Services
Used legislative inquiry powers under section 31 of the OHRC
"The community has waited for over 40 years to see progress towards eliminating racial profiling, and it can't afford to wait any longer." OHRC Chief Commissioner Renu Mandhane
Duty to Accommodate
Employers, unions, housing providers, service providers have a duty to ensure persons with disabilities have equal opportunities, equal access, and enjoy equal benefits
Bona fide occupational requirement limits the duty to accommodate
There is a duty to accommodate to the point of undue hardship
Principles of Accommodation
Respect for dignity
Integration and full participation
A woman had worked at a call centre for 6 years. Two days after she told them she was pregnant with her next child, she was fired.
A boss/co-owner of a construction company wrote an employee love letters, made deliveries to her home outside work hours, tried to kiss her. She reported to the other co-owner but resigned after being told to expect this behaviour in the construction industry.
The manager of a clothing retailer asked an employee for massages, jested about her body and virginity, advised her not to sleep with Black men.
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