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Lecture 2

Week 24

8 Pages

Course Code
Reid/ Curran

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Textbook: Week 24 - Chapter 2 Legislation Protecting Human Rights Human rights legislation makes it illegal to discriminate against various groups. The Charter of Rights and Freedoms The corner stone of Canadas legislation pertaining to issues of human rights is the Constitution Act, which contains the Charter of Rights and Freedoms. The Charter applies to the actions of all levels of government (federal, provincial, and municipal) and agencies under their jurisdiction as they go about their work of creating laws. There are two notable exceptions to this generalization. o The Charter allows laws to infringe on Charter rights if they can be demonstrable and justified as reasonable limits in a free and democratic society. Issues that contradicts the Charter will end up before the Supreme Court, whos the ultimate interpreter. o The second exception occurs when a legislative body invokes the notwithstanding provision, which allows the legislation to be exempted from challenge under the Charter. The Charter provides the following fundamental rights and freedoms to every Canadian: o Freedom of conscience and religion o Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication o Freedom of peaceful assembly o Freedom of association In addition, the Charter provides Canadian multicultural heritage rights, First Peoples rights, minority language education rights, equality rights, the rights to live and work anywhere in Canada, the right to due process in criminal proceedings, and the right to democracy. equal protection and benefit of the law without discrimination, and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical disability. Section 15 Equality Rights Human Rights Legislation Every employer in Canada is affected by human rights legislation, which prohibits intentional and unintentional discrimination in its policies pertaining to all aspects, terms, and conditions of employment. Human rights legislation is extremely broad in scope, affecting almost all aspects of HRM. The ways in which employees should be treated on the job every day and the climate in which they work are also addressed by this legislation. An important feature of the human rights legislation is that it supersedes the terms of any employment contract or collective agreement. For these reasons, supervisors and managers must be thoroughly familiar with the human rights legislation and their legal obligations and responsibilities specified therein. Most provincialterritorial laws are similar to the federal statute in terms of scope, interpretation, and application. Employment Equity Legislation
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