ORGB 423 Lecture Notes - Lecture 5: Canadian Human Rights Act, Canada Labour Code, Visible Minority
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Lecture 5
The Canadian Legal Framework
The Canadian Charter of Rights and Freedoms
• Concerned with fundamental freedoms, democratic rights, equality
rights…
The Canadian Human Rights Act (CHRA)
• Applies to all federal govt departments and agencies, Crown
corporations and to other businesses under federal jurisdictions like
banks.
• Concerned with equality
Provincial laws
• All other companies that don’t fall under CHRA
• Bona Fide Occupational Qualification
Employment Equity Ac
• Regulated under the Canada Labour Code
• Affects employers and Crown corporations w/ 100 + employees
• It focuses on 4 designated groups (underrepresented groups in
labour force):
o Women
o Aboriginal peoples
o Visible minorities
o Persons with disabilities
Equality and Equity: Not the same thing
• Equality is a western notion and not necessarily embraced by
different world cultures
o Equality prohibits discrimination based on a person’s race,
nationality, gender, ethnic origin, religion etc.
o Individuals have basic human rights under the law
o Putting everyone on the sane level to eliminate differences
• Equity is concern with fairness, justice and empowerment.
o Differences and exclusions are celebrated.
o Inclusive of diverse people
• Global ideas behind equality:
o US: Affirmative actions, including quotas
o UK: Protected statuses (age, disability, marriage/civil status)
o Chile: In Chile, it is very complex. E.g. Women’s equal rights
with male counterparts
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Document Summary
The canadian charter of rights and freedoms: concerned with fundamental freedoms, democratic rights, equality rights . The canadian human rights act (chra: applies to all federal govt departments and agencies, crown corporations and to other businesses under federal jurisdictions like banks, concerned with equality. Provincial laws: all other companies that don"t fall under chra, bona fide occupational qualification. Employment equity ac: regulated under the canada labour code, affects employers and crown corporations w/ 100 + employees, it focuses on 4 designated groups (underrepresented groups in labour force), women, aboriginal peoples, visible minorities, persons with disabilities. Step 1: senior management commitment and assignment of accountable senior staff: empirical evidence supports a top-down approach, written and available policy that concords with core values, communicate. Step 2: data collection and analysis: stock data: snapshot of org, flow data, self-identification questionnaire. Some employees can be confusion with terms such as visible minorities and hidden disabilities when identifying themselves in questionnaires.