Evolution of Canadian Human Rights Legislation

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Evolution of Canadian Human Rights Legislation

• CLU3M

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Evolution of Canadian Human Rights Legislation

• Much of Canada's human rights legislation
  developed during the 20th century.
• Unlike the U.S. Constitution, the British North
  America (BNA) Act did not address Human Rights
  issues at all.
• It focused instead on the division of powers
  between the federal government and the provinces
  and territories.

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Christie v. York (1940),

• One of Canada's most famous human rights cases,
• clearly emphasized the lack of human rights laws
  in this country.
• Mr. Christie and several friends went to the
  Montreal Forum to watch a hockey game. In a bar
  at intermission, the bar attendant refused to
  serve Mr. Christie because of his skin colour. He
  went to court over the issue and the judge
  awarded him 200 for loss of dignity and worth.
• However, the business community appealed the
  ruling on the basis that under current
  legislation they had the freedom to serve anyone
  they chose.
• The higher court agreed and overturned the
  original judgment, making it clear that no law
  existed to protect Mr. Christie's rights.

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The Universal Declaration of Human Rights

• Following World War II and as a direct result of
  the human rights atrocities perpetrated by the
  Nazis, the United Nations formed a division to
  protect human rights and stabilize international
  relations between countries.
• Universal Declaration of Human Rights was signed
  by the U.N. member states on December 10, 1948.
  It made specific reference to the protection of
  human rights.
• influenced the development of human rights
  legislation in Canada. i.e. The Ontario Human
  Rights Code
• Federal level - government enshrined the
  principle of equality in the Bill of Rights in
  1964. Canadian Human Rights Act in 1976 and the
  Canadian Charter of Rights and Freedoms in 1982.

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Human Rights in Ontario

• In the 1940s and 1950s, people in Ontario found
  themselves discriminated against in matters of
  housing, employment, and education.
• For example, one could often find restrictive
  agreements on property deeds such as "Land not to
  be sold to Jews or persons of objectionable
  nationality".
• Not until near the end of the Second World War
  did modern human rights legislation begin to
  develop

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Timeline

• 1944 - The Ontario Racial Discrimination Act
  prohibited the publication or displaying of
  symbols which expressed racial or religious
  discrimination.
• 1951 - The Fair Employment Practices
  Act prohibited discrimination based on race and
  religion in employment.
• 1954 - The Fair Accommodation Practices
  Act prohibited discrimination in public places on
  racial, religious, or ethnic grounds.
• 1958 - The Ontario Anti-Discrimination Commission
  Act created a commission to administer the above
  acts and develop educational programs.
• 1961 - The Amendment to the Fair Accommodation
  Practices Act prohibited discrimination in rental
  accommodation

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The Ontario Human Rights Code

• The development of these laws and increased
  social pressure led politicians to establish a
  more comprehensive human rights legislation to
  protect the rights of individuals.
• In 1962, Ontario proclaimed its Human Rights
  Code.
• Laws would be enforced through the establishment
  of the Ontario Human Rights Commission.
• Revisions to The Code have occurred several times
  since then to broaden its protection of
  individuals.

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The Ontario Human Rights Code

• The Ontario Human Rights Code has supremacy over
  all other legislation in Ontario unless that
  legislation specifically states that the Code
  does not apply.
• An example of where the Code does not apply is
  when persons with certain disabilities (such as
  uncontrolled seizures) are prohibited from
  driving under the Highway Traffic Act.

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Discrimination and the Code

• In Ontario, discrimination is forbidden by the
  Code.
• Here are the expectations of people who live in
  Ontario

1. Avoid discriminating against or harassing others.
   
2. Address discrimination when we see, or are the
   victim of, discriminatory treatment.
3. Report incidents of discrimination to the Ontario
   Human Rights Commission and urge others to do so
   as well.
4. Learn about human rights and teach them to
   others, thus ensuring that people know their
   rights and responsibilities under the Code.