Canadian Human Rights Act
- Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity 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 that investigates claims of discrimination as well as the creation of a Canadian Human Rights 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 rebut 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. Since the 1980s, much controversy has arisen through the use of this Act, based mainly on alleged violations of free speech rights enumerated in the Canadian Charter of Rights and Freedoms based on section 13.1 of the Human Rights Act.
As with any other court, decisions from the Tribunal are binding with the option to appeal to a higher court.
ee also
*Human rights in Canada
*Canadian Charter of Rights and Freedoms
*Canadian Bill of Rights
*Employment equity (Canada)
*Equal pay for women
*Veterans' Bill of Rights
*Ontario Human Rights Code
*Quebec Charter of Human Rights and Freedoms
External links
* [http://laws.justice.gc.ca/en/H-6/31435.html Canadian Human Rights Act] (full text)
* [http://www.chrc-ccdp.ca/ Canadian Human Rights Commission]
* [http://www.chrt-tcdp.gc.ca/about/faq_e.asp Canadian Human Rights Tribunal]
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