In Canada Human Rights Acts exist to do what the constitution can not, regulate the behavior of private companies and the general public to prevent discrimination. These kinds of acts exist at the federal level as well as the provincial level but in this report we will only focus on the Canadian Human Rights Act and the Ontario Human Rights Code.
Ontario Human Rights Code
The Ontario Human Rights code was created in 1962 with the amalgamation of many other acts that dealt with discrimination (“Ontario Human Rights,” n.d.). The goal of the code it to prevent discrimination on the grounds of race, colour, gender identity, sex, sexual orientation, disability, creed, age, and other grounds (“Ontario Human Rights,” n.d.).
The following are grounds for discrimination, that means if anyone prevents you from doing or having something for these reasons you can report them.
Citizenship - You cannot be discriminated against due to your native country.
Race - You cannot be discriminated against for begin of a certain race.
Place of Origin - You cannot be discriminated against due to your place of birth.
Ethnic Origin - You cannot be discriminated against because of your ethnic histroy
Colour - You cannot be discriminated against due to the colour of your skin
Ancestry - You cannot be discriminated against because of your family's history
Disability - You cannot be discriminated against for having a disability like the inability to walk
Age - You cannot be discriminated against for being a certain age
Creed - You cannot be discriminated against for your religious beliefs
Sex - You cannot be discriminated against for being of a certain gender
Family status - You cannot be discriminated against for the relationship between you and your parents
Marital status - You cannot be discriminated against for being married, divorced, widowed, ect.
Sexual orientation - You cannot be discriminated against for being lesbian, gay, bisexual, ect.
Gender idenity - You cannot be discriminated against for identifying with a certain gender
Public Assistance (in housing) - You cannot be discriminated against for receiving public assistance in housing. This exists to prevent landlords from not allowing people who are on social assistance to rent their facilities just because they are on social assistance.
Record of offences (in employment) - A business cannot prevent you from being employed because of criminal pardons or a criminal record. Although exemptions to this right exist.
Housing - You cannot be discriminated against when trying to get housing. Exemptions exist, as landlords can restrict housing based on gender so long as the building is for one gender only transgender people should be allowed into buildings with the gender they identify as.
Employment - Everyone has the right to equal employment. There should be no wage gap between the genders.
Source: (“Guide to your rights,” 2013)
Limitations
The code does have its limitations. For example under the act in order for discrimination to qualify as discrimination the act of discrimination must happen in a social defined area (“Guide to your rights,” 2013). This means that if someone was to discriminate against you on the street, that discrimination would not qualify as discrimination under the act, but if it happened at a workplace it would (“Guide to your rights,” 2013). The code also does not cover personal conflicts between you and your employer (“Guide to your rights,” 2013). Also, you must be 18 years of age or older to file a complaint to the Ontario Human Rights Commission, people under this age must have a parent or guardian do it for them unless it is a housing issue then 16 and 17 year-olds who are legally outside the control of their parents can file a housing complaint (“Guide to your rights,” 2013). Also, the code cannot control the actions of federally regulated industries, that is the jurisdiction of the Canadian Human Rights Act.
Canadian Human Rights Act
When a industry like railways or telecommunications is regulated by the federal government any discrimination that occurs falls under the Canadian Human Rights Act.
Under this act there are grounds for discrimination, this includes
Race
National or Ethnic origin
Colour
Religion
Age
Sec
Sexual Orientation
Marital Status
Family Status
Disability
Conviction when a pardon has been given
* Definitions for these grounds are the same as the Ontario Human Rights Act
Source: (“Canadian Human Rights,” n.d.)
Discriminatory Practices
In order for a practice to be found as discriminatory the practice must fall into a certain set of guidelines. Here are a few from the act.
It is discriminatory to
Deny a good or service based on the grounds for discrimination above
Deny occupation of premises based on the grounds for discrimination above
Refuse employment because of the grounds for discrimination above
Have employers and employee organizations enter an agreement that affects hiring or promotion based on the grounds for discrimination above
Maintain a difference between the wage of male and female employees when employed in the same circumstances because of gender
Source: (“Canadian Human Rights,” n.d.)
Limitations
As explained before the Canadian Human Rights Act cannot control the actions of provincially regulated industries as that is the jurisdiction of the provincial human rights acts.
Sources
Canadian Human Rights Act (R.S.C., 1985, c. H-6). (n.d.). Retrieved October 19, 2015, from http://laws-lois.justice.gc.ca/eng/acts/H-6/page-1.html#h-3
Guide to your rights and responsibilities under the Human Rights Code. (2013). Retrieved October 19, 2015, from http://www.ohrc.on.ca/sites/default/files/Guide to Your Rights and Responsibilities Under the Code_2013.pdf