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Canadian Human Rights Act
  • The Canadian Human Rights Act, initially enacted in 1977 and later amended in 1985 (and current to 2022), ensures equality of opportunity and prohibits discrimination on the following grounds: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
  • Through the Canadian Human Rights Act, two human rights bodies were created: the Canadian Human Rights Commission (found in Part II of the Act) and the Canadian Human Rights Tribunal (found in Part III 48.1).
  • Both bodies are able to make decisions that can be appealed to the Federal Court of Canada.
  • The Canadian Human Rights Act is different from the Charter of Rights and Freedoms is that it only covers equality rights rather than a broad range of rights.
  • The Act also only governs federal jurisdictions, which means it protects any person employed or who receive services from the federal government, First Nations governments or private companies that are federally regulated (ex. banks, truck companies, broadcasters, and telecommunication companies).
  • Every province/territory has its own human rights legislation that covers local institutions within the province or territory such as schools or hospitals.
  • The 1977 legislation prohibited discrimination on the basis of race, religion, national origin and included more progressive rights (at its time) including sex (including sexual harassment and pregnancy), ethnic origin, age, marital status, physical disability, and pardoned conviction.
  • Over the years, the Act has been amended to include protection of the right to sexual orientation (1996) and gender identity/expression (2017).
  • This act was, in many ways, the product of decades of human rights legal reform at the provincial level with many provinces quickly adopting their own human rights laws (largely based on the original Ontario model).
Citation

Canadian Human Rights Act, R.S.C., 1985, c. H-6. https://laws-lois.justice.gc.ca/eng/acts/h-6/fulltext.html

Overlapping Topics
Federal Government Affairs
Policy Type
Federal Statute