HR-3210 Lecture Notes - Lecture 5: Aboriginal Title, Indigenous Rights
25 Jun 2018
School
Department
Course
Professor
Human Rights Institutions
Lecture five
Delays in the HR process are pervasive in Canada.
These adversely affect litigants in numerous ways…
- Availability of evidence or witnesses
- Creating stress on all parties involved
- This discourages many individuals from filing
complaints at all.
One purpose of HR legislation is to provide remedies that compensate the complainant
but also prevent future discrimination against others.
When looking at provincial codes, there seems to be discrepancies in the laws in comparison
with the charter.
- There is a significant amount of discrimination allowed, depending on the situation. IE)
Renting out private property & Choosing who to hire or not.. Even the legal age.
- BC Tribunal will look at a complaint and if it’s valid, it will proceed but if it does not have merit,
it gets dismissed with little possibility for re-trails. In attempt to speed up claims. While Manitoba
and Saskatchewan are more flexible with their proceedings - take more time, infringe on rights..
- Ontario HRC advises citizens to consult with legal support if eligible. Whether or not the legal
council supports it or not, one can still apply. If accepted by the commission, they will suggest
mediation to resolve the issue. If this is unsuccessful there is a summary hearing which decides
if there are any HR infractions. If there is a violation which is maintainable, they will make a final
decision which can be appealed for judicial review.
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Document Summary
Delays in the hr process are pervasive in canada. This discourages many individuals from ling complaints at all. One purpose of hr legislation is to provide remedies that compensate the complainant but also prevent future discrimination against others. When looking at provincial codes, there seems to be discrepancies in the laws in comparison with the charter. There is a signi cant amount of discrimination allowed, depending on the situation. Renting out private property & choosing who to hire or not Bc tribunal will look at a complaint and if it"s valid, it will proceed but if it does not have merit, it gets dismissed with little possibility for re-trails. While manitoba and saskatchewan are more exible with their proceedings - take more time, infringe on rights Ontario hrc advises citizens to consult with legal support if eligible. Whether or not the legal council supports it or not, one can still apply.
