Law 2101 Lecture 14: Human Rights in Canada
8 Mar 2018
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Document Summary
Not as rigorous as court -- individual can file a complaint w/o needing a lawyer. Canadian hr legislation & other areas of law. Hr legislation codes must conform to the charter. No common law tort action of discrimination. Pregnancy discrimination = sex discrimination [brooks, now s. 10(2)] Sexual harassment = sex discrimination (janzen, now s. 7) True, substantive equality sometimes means treating some people differently. Formal equality -- everybody receives the same treatment. Substantive equality -- e. g. at baseball game, short children given taller boxes. Complainant must establish (on the balance of probabilities): S/he is member of group protected by hr code. His/her membership of that protected group was factor in alleged adverse treatment. Case #1 -- peel law assoc. v. pieters. Librarian only questioned a black man about his being a lawyer vs. any other lawyer in the. He established his race was the reason he was arbitrarily questioned by the librarian room who were not black.
