3.3 Provincial Human Rights Laws
Organizations that do not fall under the Canadian Human Rights Acts (CHRA) are subject to provincial human rights laws. Overall, there are 14 jurisdictions in Canada (10 provinces, 3 territories and the federal jurisdiction which covers crown corporations, civil service, banking, and communication). Approximately 90% of the enforcement of the equity laws are done by the provinces and 10% by the federal government. While provincial laws are very similar to the federal one, there are some variations across provinces. A good example of one of these variations is the inclusion of ‘sexual orientation’ as a protected category. Quebec was the first province to include it in 1977, while the last province was Alberta in 2009.
The Ontario Human Rights Code (2013) provides protection from discrimination. The Code states that every person has a right to freedom from discrimination in five social areas:
| Social Areas |
| Services, Goods and Facilities |
| Housing |
| Contracts |
| Employment |
| Membership in Vocational Associations and Trade Unions |
The Code also specifies the prohibited grounds of discrimination:
| Prohibited Grounds of Discrimination: |
| Age |
| Ancestry |
| Citizenship |
| Colour |
| Creed |
| Disability: – disability as a medical condition that a person has. – barriers that prevent every member of society from participating fully |
| Ethnic origin |
| Family status |
| Gender expression |
| Gender identity |
| Marital status |
| Place of origin |
| Race |
| Receipt of public assistance |
| Record of offences |
| Sex |
| Sexual orientation |
It is important to stress the fact that these protections are not universal and that they reflect the society that they are intended to influence. In the US for example, many protections that are considered basic in Canada have been challenged in court. For example, the Supreme Court recently upheld a decision that protects LGBTQ workers from discrimination by a 6-3 margin.
Enforcement of Provincial Human Rights Laws
Employees of those organizations that fall under the Ontario Human Rights Code who feel discriminated against can file complaints directly to the Human Rights Tribunal of Ontario (HRTO). The complaint can be handled either by mediation or a hearing.
Videos:
Video: “Mediation at the Human Rights Tribunal of Ontario” By Human Rights Tribunal of Ontario [5:22] or read the transcript.
Video: “Hearings at the Human Rights Tribunal of Ontario” By Human Rights Tribunal of Ontario [5:50] or read the transcript
Food Processing Perspective
In the food processing sector, there are a number of considerations that must be respected in order to comply with the employment requirements set out in the Ontario Human Rights code. This link outlines specific examples of cases brought to the Ontario Human Rights Commission. Refer to Section 10.6 for an explanation of how employees who could not handle pork products for religious reasons are accommodated through effective scheduling and job assignments.
First Nations Legislation
In addition to the Employment Equity Act, there are specific pieces of legislation that apply to the First Nations communities that are important for HR professional to be aware of including:
- The United Nations Declaration on the Rights of Indigenous Peoples
- The Duty to Consult, Métis Rights and Inuit Rights
While it is acknowledged that the term Aboriginal may not adequately reflect or represent the diversity of the Indigenous communities, for the purposes of the Employment Equity Act, Aboriginal peoples is used to reflect the terminology in the Act itself.
“3.3 Provincial Human Rights Laws” from Human Resources Management – 3rd Edition by Debra Patterson is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.
