Canadian Human Rights Act

Canadian Human Rights Act
Saffron Blaze · CC BY-SA 3.0 · source
Name	Canadian Human Rights Act
Legislature	Parliament of Canada
Enacted	1977
Amended	1988, 1998, 2008, 2013
Status	in force

Canadian Human Rights Act

The Canadian Human Rights Act is federal legislation enacted to prohibit discrimination in federally regulated activities and institutions. It establishes protections against differential treatment based on enumerated characteristics and creates administrative mechanisms to receive, investigate, and adjudicate complaints. The Act interfaces with provincial human rights codes, federal courts, and international instruments, shaping Canadian public policy and litigation in areas ranging from employment to telecommunications.

Background and Legislative History

Parliament enacted the statute against a backdrop of postwar human rights developments that included debates in the House of Commons of Canada and advocacy by organizations such as the Canadian Civil Liberties Association, Canadian Labour Congress, and Native Women's Association of Canada. The Act followed federal commitments made during the tenure of Prime Minister Pierre Trudeau and after recommendations from royal commissions including the Royal Commission on the Status of Women (Canada). Early legislative discussions referenced international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Subsequent amendments were influenced by court decisions from the Supreme Court of Canada and policy initiatives under administrations of Prime Ministers Brian Mulroney, Jean Chrétien, and Stephen Harper.

Scope and Prohibited Grounds of Discrimination

The Act applies to federally regulated entities such as the Canadian Broadcasting Corporation, the Canadian Forces, the Royal Canadian Mounted Police, banking institutions including the Bank of Canada and chartered banks, and interprovincial undertakings like Canadian National Railway and Air Canada. It prohibits discrimination on enumerated grounds including race, nationality, ethnic origin, colour, religion, age, sex, sexual orientation (added following advocacy by groups including Egale Canada), marital status, family status, disability, and conviction for an offence for which a pardon has been granted. The Act also addresses discriminatory provisions in employment, recruitment, and the provision of services, echoing language used in provincial statutes such as the Ontario Human Rights Code and the British Columbia Human Rights Code.

Administration and Enforcement (CHRT and CHRC)

Two primary institutions administer the Act: the Canadian Human Rights Commission (CHRC) and the Canadian Human Rights Tribunal (CHRT). The CHRC receives and screens complaints, undertakes conciliation, and, where appropriate, refers matters to the CHRT. The CHRT is an adjudicative body that conducts hearings and issues remedies. Administratively, the CHRC has Commissioners appointed by the Governor General of Canada on the advice of the Prime Minister of Canada, while CHRT members are appointed under statutory provisions. Both bodies operate within frameworks informed by decisions of the Federal Court of Canada and the Federal Court of Appeal.

Complaints Process and Remedies

Individuals who allege discrimination file complaints with the CHRC, which undertakes an initial assessment and may attempt conciliation involving parties such as unions like the Canadian Union of Public Employees or employers like Bell Canada. If conciliation fails, the CHRC can refer the matter to the CHRT for adjudication. Remedies available include orders for hiring, reinstatement, compensation for lost wages, and damages for pain and suffering. The CHRT may also order systemic remedies that implicate federal entities such as the Canada Post Corporation or the Royal Canadian Mounted Police Foundation. Decisions of the CHRT can be judicially reviewed by the Federal Court and appealed to the Federal Court of Appeal, with final appellate authority resting with the Supreme Court of Canada in matters of national importance.

Interaction with Other Laws and Jurisdictions

The Act operates alongside provincial human rights codes like the Quebec Charter of Human Rights and Freedoms and interacts with federal statutes such as the Canadian Charter of Rights and Freedoms, the Employment Equity Act, and sectoral statutes including the Canada Labour Code. Jurisdictional questions arise in contexts involving interprovincial transportation like Via Rail or federally regulated broadcasting under the Canadian Radio-television and Telecommunications Commission (CRTC). International obligations under treaties such as the Convention on the Rights of Persons with Disabilities inform interpretation, while federalism disputes have been litigated in the Supreme Court of Canada.

Notable Cases and Impact

Significant jurisprudence interpreting the Act includes decisions related to accommodation of religion and disability, workplace harassment, and systemic discrimination. Landmark examples include cases that reached federal courts addressing the duties of employers like Air Canada and institutions such as the Canadian Broadcasting Corporation to accommodate employees. Decisions involving the Royal Canadian Mounted Police and military personnel have clarified the scope of discrimination protections in disciplined services. The Act's influence extends to policy changes in banking, telecommunications, and public administration, and it has shaped practices within unions like the Public Service Alliance of Canada.

Amendments and Contemporary Issues

Amendments have expanded protections—for example, adding sexual orientation and updating provisions on disability—and reflected evolving social movements including advocacy by organizations such as Amnesty International (Canada), Canadian HIV/AIDS Legal Network, and Native Women's Association of Canada. Contemporary debates focus on conversions of remedies, timeliness of complaint processing, balancing of rights under the Canadian Charter of Rights and Freedoms, and the interaction with emerging issues such as digital privacy involving companies like Rogers Communications and algorithmic bias in technology firms like Shopify. Proposals for reform continue to engage Parliament, civil society, and judicial actors including the Supreme Court of Canada.

Category:Canadian federal legislation