Lecture 2 ▯Human Rights
• When we talk about human rights we are referring to the prohibited grounds of
discrimination in hiring
• 0 Prohibition of discrimination in the COMMON LAW
• If it were not for statues prohibiting discrimination (e.g. human rights code) you
would be able to discriminate as much as you want.
• NO BASIS IN COMMON LAW FOR DISCRIMINATION
• It doesn’t say you cannot generally discriminate, it prohibits discrimination on 14
grounds and if you want to claim discrimination it must fit into those 14 grounds.
• For example, being too short is not a prohibited ground so you could discriminate
on that unless the person can prove that they are short because of a disability etc..
Examples of Grounds you cannot discriminate on
• Creed ▯Including religious belief
• Sex▯Including pregnancy and transgendered people
• Sexual Orientation ▯Added by the supreme court of Canada
• Record of Offences ▯A criminal offence for which a pardon has been granted.
Includes provincial offences.
• Marital Status ▯ Includes married, widowed, single, divorced, separate, common
• Family Status ▯includes being in a parent and child relationship and the actual
identity of family members.
• Disability ▯Includes phys