Author: Tracey Young. (Nov. 22, 2020). Civil & Human Rights Laws, Commissions and Tribunals in Canada and How to Document Discrimination for Filing Human Rights Complaints. Canadian Advocacy Centre for Health, Safety & Justice. Retrieved from: https://canadianadvocacycentre.blogspot.com/2020/11/civil-human-rights-laws-commissions-and.html.
Disclaimer: I am not a lawyer. I am a public interest advocate, writer, and publisher. I will provide an introduction to human rights legislation and organizations. I also provide advocacy information about how to document situations where people may encounter discrimination. Please seek legal consultation via human rights clinics, private lawyers, and/or search to see whether there are pro-bono (free) lawyers who you can consult with if you require legal advice.
Introduction
What Organizations Do Human Rights Laws Apply To?
It is important to understand what laws apply to different organizations in Canada.
Provincial and territorial human rights laws apply to private for-profit businesses, and organizations. This includes governmental and public sector bodies, not-for-profit, community-based, and non-governmental organizations (NGO's).
The Canadian Charter of Rights and Freedoms apply ONLY to public sector and governmental organizations. For example, provincial/territorial and federal governments; health authorities providing community-based care, hospitals, and residential care homes; provincial car insurance organizations; and workers compensation boards.
Human Rights Clinics
Pro tip: In addition to these laws and commissions, you can also do an internet search, or look on their websites to see if they have any human rights clinics that can help you understand whether you have a case. They might also provide you with legal advice and representation depending on their mandates, roles, and availability.
They might also be able to assist you in completing application forms if you have a complaint that is worth pursuing. Its worth looking into. Human rights is a complex area of the law, and getting legal support is always a good idea.
Search 🠞 human rights clinic province/territory
No Discrimination
All private businesses, and organizations (B/O) in Canada are required to be compliant with the human rights legislation in their province, or territory. These B/O's must not discriminate, or refuse service, or access on the protected grounds covered under the law.
Duty to Accommodate
All B/O's are required under human rights laws to accommodate individuals with mental or physical health conditions, or disabilities. Refusal to do so is legally actionable by the person who was discriminated against. This means they may be able to file a human rights complaint against that business.
Human rights complaints are costly, time intensive, and can cause various harms to businesses and organizations. Businesses and organizations will most likely have to pay lawyers to represent them, incurring legal expenses and costs. They can cause reputational damage to B/O's. If the B/O loses the human rights case they will most likely be ordered to pay damages to the person who they/their employees violated their human rights. These are often called, "Injury to Dignity" awards. B/O's can avoid all of these things by familiarizing themselves, and training their staff in human rights legislation and duty to accommodate requirements.
Rocco Galati (2020). Mr. Galati is a constitutional lawyer who is involved in a legal case against Canada, Ontario and many other parties. You can read more about that here.
You can read more about his work at the Constitutional Rights Centre here.
Tips If You Experience Discrimination
If you are trying to enter a business and they are discriminating against you, for instance, if you cannot wear a mask for health reasons:
➤ Turn the video on your phone on and record the interaction if you can, or have someone with you who can record the situation.
➤ Remain calm, polite, and stand your ground with determination and strength. Do not let "flying monkeys" (bad actors) trigger you, or try to get you to escalate.
➤ Explain that you are exempt from wearing a mask for health and/or medical reasons, and/or mental and/or physical health disabilities and conditions.
➤ You cannot legally be asked what those are, or to produce an "exemption" letter, or "proof." This violates your human rights AND your privacy rights and you can explain that to the person. You can explain that if asked for details, or a letter.
➤ Ask the person for their full legal name and cell phone number. Tell them that if you decide to file a human rights complaint for discrimination that you will have to name them in that complaint, and call them as a witness because they are discriminating against you. Reassure them that is your only reason for asking for this and you will keep this information safe and secure.
➤ Ask to speak to the manager/supervisor, and/or owner of the business, or organization so that you can discuss your health exemption and why the business cannot discriminate against you for mental, or physical health disabilities and conditions and that they are required to follow the human rights laws in your province/territory.
➤ Explain to the manager/supervisor that under human rights laws businesses/organizations cannot discriminate against anyone, and that they have a legal duty to accommodate you. Explain that failure to comply with these legal requirements can/may lead to legal action in the form of a human rights complaint against them and the business/organization.
➤ You may want to explain human rights complaints are expensive, time consuming, and in case like these will damage the reputation of business/organization, employees, and may end up leading to damages for "Injury to Dignity" due to the discrimination the business/organization has carried out toward you.
➤ Request that the manager/supervisor provide you with a copy of the business/organization's policies regarding entry to their business, (such as the requirements for masks, or other screening measure). Ask if their policies have exemptions listed in their policies, and that their policies are required to comply with the human rights laws.
➤ If they cannot, or will not provide you with their policies, request that they provide you with the name, phone number, and email address for an executive-level manager, or owner of the business/organization so you can contact them to file a formal complaint about how you were treated, that you were discriminated against, and denied the policy about entry to the business/organization.
➤ Ask staff, managers/supervisors if the business owner/employer has provided them with any training about the human rights laws and duty to accommodate.
➤ Consider asking other witnesses to the interactions for their names and contact information if you decide to file a complaint.
➤ Document the date, time, names of participants (store staff and manager) and witnesses, and the events as they unfolded as soon as you can so the details are fresh. Record whether the employer has provided training to staff on the human rights laws, duty to accommodate, and health exemptions.
Part 1: Human Rights in Canada: An Overview for Newcomers
Justice Society of BC. Youtube. Retrieved from: https://www.youtube.com/watch?v=CIIPu1Lm0z0.
Human Rights Codes, Commissions & Tribunals in Canada
Alberta
Alberta Human Rights Act
Alberta Human Rights Commission - File a complaint here:
British Columbia
BC Human Rights Code
BC Human Rights Tribunal - File a complaint here:
BC Human Rights Commission - Provides education, research, advocacy, inquiry and monitoring of human rights in B.C.
Manitoba
Manitoba Human Rights Code
Manitoba Human Rights Commission - File a complaint here:
New Brunswick
New Brunswick Human Rights Act
Summary of the Human Rights Act
Full Human Rights Act
New Brunswick Human Rights Commission - File a complaint here:
Newfoundland and Labrador
Newfoundland and Labrador Human Rights Act
Newfoundland and Labrador Human Rights Commission - File a complaint here:
Northwest Territories
Northwest Territories Human Rights Act
Northwest Territories Human Rights Commission - File a complaint here:
Nova Scotia
Nova Scotia Human Rights Act
Nova Scotia Human Rights Commission - File a complaint here:
Ontario
Ontario Human Rights Code
Ontario Human Rights Commission - File a complaint here:
Prince Edward Island (PEI)
Prince Edward Island Human Rights Act
PEI Human Rights Commission - File a complaint here:
https://www.peihumanrights.ca/
Quebec
Quebec Charter of Rights and Freedoms
Commission des droits de la personne et des droits de la jeunesse
Saskatchewan
Saskatchewan Human Rights Code
Saskatchewan Human Rights Commission - File a complaint here:
Yukon Territories
Yukon Human Rights Act
Yukon Human Rights Commission - File a complaint here:
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Rocco Galati - Masking and your rights.
Constitutional Rights Centre. Youtube. Retrieved from: https://www.youtube.com/watch?v=kpjZFKMwkmQ.
Copyright © 2020-2021.Tracey Young/Canadian Advocacy Centre for
Health, Safety and Justice. All Rights Reserved.
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#Canada #humanrights #civilrights #Canadian #COVID19 #discrimination #discriminatory #Alberta #BC #Manitoba #NewBrunswick #Newfoundland #NovaScotia #NorthwestTerritorities #Ontario #PEI #Quebec #Saskatchewan #Yukon
our ruling politicians should immediately be incarcerated and brought to trial on war crimes charges for crimes against humanity and terrorism. enough is enough
ReplyDeleteExcellent information.Thank you!
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