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. (URL: https://youtu.be/cny7DCFdNLc)
Video: “Hearings at the Human Rights Tribunal of Ontario” By Human Rights Tribunal of Ontario [5:50] or read the transcript (URL: https://youtu.be/OGEocD7t1zI)
Legislation Affecting Indigenous Persons
- The Constitution Act, Section 35 – Duty to Consult
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
- The Employment Equity Act
“HRM and the Law” from Human Resources Management – 2nd Ontario Edition by Elizabeth Cameron is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
