What Is the Canadian Human Rights Act?

Passed in 1977 by the Parliament of Canada, the Canadian Human Rights Act is a piece of legislation that outlines legal protections for all citizens of Canada.  The goal of the act is to protect Canadians from discrimination based on membership to unique or marginalized groups.  The Canadian Human Rights Act protects individuals from discrimination based on sex, gender identity, sexual orientation, ethnicity, marital status, age, disability, or religious or political affiliations.  The Act applies to activities with federal oversight across Canada, though most provinces and territories feature their own human rights’ code to protect against discrimination.

Discrimination is often defined as any action or behaviour that results in unjust treatment of a person or group based on their membership in a particular group.  The Canadian Human Rights Act essentially makes discrimination illegal in Canada, so anybody who is victim of discrimination according to the Act is eligible for legal protection.  Should you feel you have been subject to discrimination, you can make a complaint with the Canadian Human Rights Commission.

Currently, the Act makes it illegal to discriminate on the grounds of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, or a conviction for which you have been pardoned.  So, for example, you cannot be refused a loan based on your ethnic origin and you can’t be fired because your sexual orientation is revealed.

According to the Canadian Human Rights Act, discriminatory practices include the following:

• Denying goods or services,
• Refusing employment,
• Pay inequity,
• Hate speech communicated by phone or internet, or
• Retaliation against a person who has filed a human rights complaint.

Tasked with investigating claims of discrimination, the Canadian Human Rights Commission has a vision of promoting an equal and just country for all Canadians.  The right to live life free from discrimination is a basic human right in Canada, and by law the Canadian Human Rights Commission is required to investigate every discrimination complaint received.

It is also important to know that in Canada, the Constitution shares jurisdiction for discriminatory acts at federal and provincial or territorial levels.  Some agencies and organizations (such as airlines and financial institutions) are legislated federally, whereas businesses tend to be regulated regionally by the provincial or territorial governments.

The Canadian Human Rights Act can be difficult to navigate for anybody with out expert legal knowledge.  If you feel you have experienced discrimination, but are protected under the Act, you should contact a legal representative.  You may be eligible for compensation, but only if legal discrimination is established.  Obviously, the experience of discrimination can be highly unsettling, but if you decide to pursue a complaint remember that you are protected under the law.

DISCLAIMER: The content of this article, and this website generally, is not intended as legal advice and cannot be relied upon as legal advice.  To provide legal advice on your problem, a lawyer must first understand your specific situation.

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