The Plan…

Finish your Charter of Rights Case Brief
 Print
 Be

20 Sept 2013
& Hand in
sure to hand in your self assessment…
Start Chapter 5: Human Rights
 Read
Pages 110-115
 BYU Questions #1-5 due for Monday
 Page

If time: we will discuss Chapter 1 test
 Retest

114 Read & discuss in class…
Wednesday 25th
Heads up: Chapter 2-5 test Friday 27th (maybe)
Your Task…

Finish Questions #1-6 P. 115 for homework
 We

Work on your Vocab list(s)
 Test

will discuss on Monday
Thursday the 27th
Read and discuss:
 “Is
forced retirement discriminatory?”
 We’ll
go over this in 25-30 minutes….
 Questions?
The Plan…

23 Sept 2013
Start Chapter 5: Human Rights
 Read
Pages 110-115 (done)
 BYU Questions #1-5 due
 Page

Continue with Chapter 5
 BYU

P 119 Questions #1-5: we will discuss tomorrow
If time: we will discuss Chapter 1 test
 Retest

114 Read & discuss in class…
Thursday 26th (PIT @ lunch or after school)
Heads up: Chapter 2-5 test also Thursday 26th
5.1 – HUMAN RIGHTS
What are ‘human rights’?


A “right” is a legal, moral, and social claim that
people are entitled to – primarily from Government.
Beyond government protection there is more to ensure
one’s rights…
human rights…


discrimination…


…are fundamental rights and freedoms to which all people are entitled
…is treating a person unfairly or unequally because of his or her race,
religion, ability, etc.
human rights codes…

…are legal documents that protect people from prohibited
discrimination
Human Rights Legislation


Despite the fact that we as Canadian’s think of ourselves as
tolerant and inviting people, we still find ourselves faced with
discrimination in our society, this includes:
stereotyping…

…is having an over-simplified, standardized, or fixed judgment or
characterization of a group of people


“All young males are reckless drivers…”
prejudice…

…is a preconceived opinion based on a stereotype or inadequate
information

“just because one teenager is a “bad” apple doesn’t mean that someone should
classify all teenagers as such…”
Canadian Human Rights Act (1977)

Applies to levels and branches of government, and
businesses regulated by government (Crown
corporations). The purpose of the act is…

prohibit grounds for discrimination based on:









Race
National or ethnic origin
Age
Marital status, family status
Colour
Religion
Gender
Physical or mental disability
Sexual orientation
Provincial Human Rights Codes


every province has one
contents of the code subject to Canadian Charter of
Rights & Freedoms
 ie.
Code item may be struck down if it contravenes the
Charter
 See



example from book (P.113):
Justine Bailey, female hockey player, wanted to play hockey with a
boys team
Ontario Court of Appeal struck down the Ontario Human Rights
Code which permitted the denial of athletic organizations to deny
membership based on Gender.
Your thoughts?
Discussion time…

Read Page 114
Answer questions 1, 2, 3 a & b

Review homework BYU p115 #1-5

Human Rights Complaints

To administer and enforce human rights codes, Provincial
Governments have appointed commissions.


complainant…


…is the person or organization that the complainant alleges to have
discriminated against him or her
mediation…


…is the person making an allegation of discrimination
respondent…


Most complaints are solved here, but of the “4%” that are not, they go
to tribunals for decision.
…is intervention between conflicting parties that promotes compromise or
settlement of the dispute
conciliation…

…is bringing conflicting parties to a resolution of their differences
Human Rights Complaint Process
complaint
report
conciliation
response
investigation
no
settlement
reply
mediation
hearing
final
resolution
If you are a Complainant

You will be provided with a package of information
to assist you in filling your complaint
You will need to describe the events and circumstances that
you felt were discriminatory
 As the accuser, you must prove your case


You must establish prima face, that is a case that is
legally convincing, this includes:
1)
2)
3)
You were qualified for your employment
You were not hired (new job)
Someone “under qualified” compared to you received the
job, and they lack the discriminatory factor for why you
think you were fired (race, colour, etc.)
Dismissing a Complaint

Following this stage a Commission may dismiss the
complaint for a variety of reasons, including
 There
is other legislation that may appropriatly deal
with the complaint
 The complaint was trivial, frivolous, or made in bad
faith
 The complaint is outside the jurisdiction of the
Commission
 Rules in time, differing from province to province, you
only have so long to file complaint
If not dismissed: Mediation


A process of intervention between the conflicting
parties, assisted by mediation officer
If parties do not agree to mediation, case is referred
to investigation services for a formal investigation by
a human rights officer, this includes
Gathering evidence relevant to complaint
 Inspecting documents, records, and correspondence relevant
to the case
 Examining facilities
 Interviewing witnesses
 Conciliation (meeting of parties) may also attempted by
officer during this process

Still no Resolution?

Referred to Commissioners who oversee the Human
Rights Commission
 The
complaint can be dismissed at this stage
 15
 If

days for complainant to appeal
appeal dismissed, the case is over
If they rule that there is enough evidence
 Board
of inquiry or human rights tribunal will hear the
case and make the decision
 Very similar process to a trail (lawyers, cross
examination, etc)
 This
can also be appealed…
Remedies for Discrimination

possible remedies when discrimination has occurred:
 ordering
contravener to stop the practice
 ordering contravener to pay damages ($$)
 suggesting employer give back job, promotion, etc.
 ordering organization to create internal programs to
help disadvantaged groups
 ordering organization to complete human rights training
and develop policies to eliminate discrimination and
prevent harassment
Your Turn…

BYU Questions 15 P. 119
 Due

tomorrow
Discuss the test…
The Plan…

Review last night’s homework
 BYU

24 Sept 2013
Page 119 #1-5
NEW! “Grounds of Discrimination”
P
120-129 in text
 BYU Questions P 129 #1-8

Confirm Date for Chapter 1 retest & Chapters 2-5
test…
Grounds of Discrimination


We have learned about how the complaint process
works, you will now gain a better understanding of
the activities protected by human rights legislation.
You will also see what actions, while appearing
discriminatory, are actually considered exceptions
under the law.
Grounds of Discrimination

Employment; everyone has the right to “equal
treatment with respect to employment”
 exceptions
under the law”
 bona
fide occupation requirement = a qualification essential
for proper or efficient job performance, not considered
discriminatory (bona fide = Latin for “in good faith”)

i.e. taxi drivers require a valid driver’s license
 affirmative
action = giving advantages to groups who have
been discriminated against in the past

i.e. female candidate may be chose over a male for position of
female security at a women’s shelter
Grounds of Discrimination .2
 Sometimes
seemingly neutral requirements for
employment may lead to what is known as constructive
& direct discrimination:
 constructive
discrimination = employment policies that
inadvertently exclude certain individuals, resulting in
discrimination

i.e. minimum height requirements in the past for Police, excluded
most women and minority groups. This was struck down by courts.
 direct

discrimination = an overt act of discrimination
i.e. something practiced openly, such as refusing services or
employment to someone based on their relationship to a group.
Grounds of Discrimination .3
 Duty
to accommodate:
 An
employer has a legal duty to accommodate an
employees individual needs

i.e. if an employee has a particular religious belief that makes
them unavailable to work on a particular day, the employer must
resolve the conflict so to satisfy both parties
 Meeting
special needs must be done in a way that the
employer can accommodate without undue hardship
A
change that would affect the economic viability of the
business, or produce a health and safety risk

i.e. safety elevator in text (trade duties vs. build solo elevator)
Grounds of Discrimination .4
 Harassment
in the workplace:
 harassment
= persistent behavior that violates the human
rights of the victim
 Sexual harassment = may include unwelcome sexual contact,
remarks, leering, demands for dates, requests for sexual
favors, and displays of sexually offensive pictures or graffiti
 Employers
are not responsible for ensuring that the
conduct of their employees does not constitute
harassment.
Grounds of Discrimination .5
 Poisoned
 Is
environment:
an uncomfortable or disturbing atmosphere created by
the negative comments or behavior of others
 Usually involves a person, or group of people, being
continually subjected to actions or comments that create an
uncomfortable atmosphere
 i.e. Sexual comments re: gender inequality & stereotypes
Grounds of Discrimination .6
 Accommodation
and facilities
 ‘Accommodation’
refers to the place where people live or
want to live (long term or temporary)

People have the right to be free from discrimination based on
numerous factors (race etc)
 ‘Facilities’
refers to areas or buildings designated for public
use

Example of discrimination: Women’s hockey team does not
receive their allotted time based on actions of rink attendant
Grounds of Discrimination .7
 Meeting
special needs
 Provincial
human rights codes require employers to
accommodate the needs of workers with psychological,
emotional, or physical disabilities
 When
accommodations cannot be made (remove
barriers without undue hardship), special arrangements
must be made
 To
prove undue hardships three factors are considered,
those being: cost, outside sources of funding, and health and
safety
 Depending on nature of activity/disability, a landlord may
be able to plead undue hardship
Grounds for Discrimination .8
 Goods
and services
 Goods
(merchandise) and services (non-tangible goods, ie
banking, hotel room, etc) must be made available to
someone with a disability
 Everyone has a right to goods and services
Your turn…

BYU Questions:
P
129 #1-8
 We will review tomorrow

Definitions:
 Need

those for Friday
Retest Thursday:
 Who
is in?