Textbook Notes (368,317)
Canada (161,798)
Law (162)
Law 2101 (127)
Chapter

Human Rights

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Department
Law
Course
Law 2101
Professor
Mysty Sybil Clapton
Semester
Fall

Description
Section 7 Canadian Human Rights CHR 238 1 Overview of the Federal Canadian Human Rights SystemHuman Rights in Canada Prior to the Second World WarVery little antidiscrimination legislation at both federalprovincial levelDiscriminatory attitudes were acceptable parts of mainstream societyprejudice bigotry intolerance racism Social attitudes reflected in official policy o Ex denial of political rights to women Asians natives o EX exclusionary immigration policies against non whites o Ex segregated schooling o Ex restrictive labouremployment laws against Asians Laissezfaire in social relations o antistate perspective o legislated prohibitions against discrimination would limit individual liberty and government would abuse power o advocated for private mechanisms to eliminate discrimination rather than legal compulsionie Moral suasioneducation Early Human Rights Legislation in CanadaWWII pivotal event Holocaust war time internment of Canadian Japanese UN Universal Declaration of Human Rights o Human rights awarenesssocietal openness to state enforced legislation o Anti discrimination legislation in US Racial Discrimination Actfirst modern human rights legislation by Ontario in 1944 o Prohibited publication displaying or broadcasting of racialreligious discriminationSaskatchewan Bill of Rights Act 1947 o Protection of civil liberties o Prohibited discrimination in employment housing workplace land transactions education both Ontario and Saskatchewan statutes were quasicriminal pieces of legislationdiscriminationcrime to be dealt by policecourt system weaknesses ocriminal standard of proof beyond a reasonable doubt difficult to attain o reluctance of courts to apply law to full extentrefused to recognize discrimination as a crime o did not fully remedy the situationlegal sanction was small fine did little to help victim or alter systemic practicesIntroduction of Fair Practices Legislation1950s60s overcome shortcomings of earlier criminal approachprohibited discrimination in employment housing serviceso initial focus race and religion o broadened sex and agefirst province to enact fair practicesOntario 19511960s federal governmentother provincesdiffered from quasi criminal legislation o emphasized conciliation and the settlement of complaints thru negotiation between relevant parties only as a last resort after all avenues of negotiation have been exhausted will the case be referred for criminal prosecution in the court systemo responsibility for dealing with complaintsadministrative officialsusually in Dept of Labour instead of policeinvestigate complaintsattempt to negotiate a settlemento civil standard of proof balance of probabilities Modern Human Rights Codes and CommissionsIssue with fair practices o No dedicated administrative body to deal with human rights complaints Responsibility fell to civil servants in regular gov departments One of their many responsibilitieso Little public awareness of available anti discrimination legislation and procedures Victims failed to come forward bc unaware of rights 1
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