CRIM 335 Lecture Notes - Lecture 3: Canadian Human Rights Act, Canadian Human Rights Commission, Unemployment Benefits
29 Nov 2017
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Non-charter protections: provincial and federal human rights codes. Each province, and the federal government, has a human rights code. All have established an administrative tribunal to adjudicate allegations of discrimination and impose remedies. The codes protect equality in the public sphere and in private spheres regarding employment or access to services customarily available to the public. In canada, discrimination against individuals, based on the lists of protected grounds (either in the charter, canadian human rights code or provincial human rights codes) is illegal in various (cid:862)pu(cid:271)li(cid:272)(cid:863) (cid:272)o(cid:374)te(cid:454)ts. Plaintiffs typically have 6 months to initiate legal action in provincial and federal cases, though there is no statute of limitations for charter cases. Specific jurisdictional issues apply, as do legal tests for determining whether discrimination has occurred and whether it is actionable. Modern human rights law expands equality protection from the formal to the substantive. Formal: all citizens should be treated the same.
