Class Notes (810,488)
Canada (494,139)
LAW 529 (166)

Chapter #2-Human Rights Issues.docx

6 Pages
Unlock Document

Ryerson University
Law and Business
LAW 529
Pnina Alon- Shenker

Chapter 2 Human Rights IssuesINTRODUCTIONOver the past 50 years every jurisdictions in Canada has enacted human rights legislation that prohibits discrimination in key social areas including employment services such as stores restaurants hospitals and schools and accommodationhousingUnlike the CCRF which applies only to govt actions human rights statutes apply to the actions of individuals and corporations as wellThe HRC prohibits discrimination in employment on 14 groundsDefinition of discrimination was initially limited to intentional acts such as an ERs refusal to hire and individual because of his religious beliefs TODAY the effect of a rule or action matters as much as the intention behind itA rule or qualification that has negative effect on a protected group is discriminatory and thus illegal UNLESS an ER can demonstrate that it is a BFOQ To be considered a BFOQ a contested job requirement must pass the 3part test set out by the SCOC o Adopted for a purpose rationally connected to the performance of a job o Adopted in an honest belief that it was necessary to satisfy a legitimate business purpose o Reasonably necessary to accomplish that purpose To establish this ER must show that it was impossible to accommodate the individual group withoutcreating undue hardship for itselfOVERVIEW OF ONTARIOS HRCThe OHRC code opens with a preamble that sets out the spirt and intent of its legislationIt recognizes inherent dignity and the equal and inalienable rights of all members of the human family and provides for equal rights and opportunities without discrimination to create a climate of understanding and mutual respectAs a statement of principles the preamble does not contain specific legislative requirements however it affects the interpretation of the CodeWhere a provision is silent or ambiguous about an issue courts and tribunals often use the preamble as an internal aid in deciding to interpret the code in its broadest senseAnother factor that has encouraged a broad and liberal interpretation of rights in the Code is its role as remedial legislation that it exists to right a societal wrong and give the affected person or group a remedy not to allocate blame or punish an offenderThe Code is a quasiconstitutional lawthis mean where there is a conflict between the Code and another Ontario law such as ESA the Code prevails unless the other law specifically states it applies despite the DodeAreas Covered The code provides that everyone has the right to be free of discrimination in 5 areas of social activity 1 Services goods and facilities 2 Accommodation housing 3 Contracts 4 Employment 5 Membership in vocational associations and trade unions63 of human rights applications arise in the workplaceTerm emmployent includes FTPT empt contract work remporary work probationary periosof empt and volunteer workPROHIBITED GROUNDS OF DISCRIMINATION IN EMPLOYMENTSection 5 of HRC provides that every person is entitled to equal treatment with respect to employment wout discrimination on the basis of race ancestry place of origin colour ethnic origin citizenship creed sex sexual orientation age record of offences marital status family status or disabilityEach of 14 prohibited grounds in considered in the list below together with any applicable statutory exemptions 1 Racerace is not a defined ground but it can often be related to other grounds such as colour or ethnic originAn exemption exists for special service organizations nonprofit social and other organizations that serve a protected group 2 Colourcolour refers to skin colourAn exemption exists for special service organizations3 Ancestryrefers to family descent and is closely related to place of originAn exemption exists for special service organizations4 Place of originrefers to a country of region of birth including a region in CanadaAn exemption exists for special service organizations
More Less

Related notes for LAW 529

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.