Canadian Human Rights Act
Encyclopedia
The Canadian Human Rights Act is a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 originally passed by the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...

 in 1977 with the express goal of extending the law to ensure equal opportunity
Equal opportunity
Equal opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...

 to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. It applies throughout Canada, but only to federally regulated activities; each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated.

The Canadian Human Rights Act outlines the creation of a Canadian Human Rights Commission
Canadian Human Rights Commission
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...

 that investigates claims of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...

 as well as the creation of a Canadian Human Rights Tribunal
Canadian Human Rights Tribunal
The Canadian Human Rights Tribunal is an administrative tribunal established in 1977 by the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the Act.The Tribunal...

 to judge the cases.

Before a case can be brought to the Tribunal it must go through several stages of investigation and remediation. After this process has been completed, if the parties are not satisfied, the case will go to the tribunal.

If a complainant can show a valid case of discrimination the defendant can rebuke it by showing that their practice was for a justified reason. The process is generally known as the "Meiorin test" which is similar to the Oakes test justification in a Charter challenge
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

.

See also

  • Human rights in Canada
    Human rights in Canada
    Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law...

  • Canadian Charter of Rights and Freedoms
    Canadian Charter of Rights and Freedoms
    The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

  • Canadian Bill of Rights
    Canadian Bill of Rights
    The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...

  • Canadian Human Rights Commission
    Canadian Human Rights Commission
    The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada. It is empowered under the Canadian Human Rights Act to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal...

  • Canadian Human Rights Commission free speech controversy
  • Employment equity (Canada)
    Employment equity (Canada)
    Employment equity, as defined in Canadian law by the Employment Equity Act, requires employers to engage in proactive employment practices to increase the representation of four designated groups: women, people with disabilities, Aboriginal peoples, and visible minorities...

  • Equal pay for women
    Equal pay for women
    Equal pay for women is an issue regarding pay inequality between men and women. It is often introduced into domestic politics in many first world countries as an economic problem that needs governmental intervention via regulation...

  • Veterans' Bill of Rights
    Veterans' Bill of Rights
    The Veterans' Bill of Rights is a bill of rights in Canada for veterans of the Canadian Forces and Royal Canadian Mounted Police. It was enacted by the federal government in 2007...

  • Ontario Human Rights Code
    Ontario Human Rights Code
    The Human Rights Code of Ontario is a provincial law in the province of Ontario, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services...

  • Quebec Charter of Human Rights and Freedoms
    Quebec Charter of Human Rights and Freedoms
    The Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975...


External links

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