Canadian equality protections

What is the Canadian Bill of Rights?

The Canadian Bill of Rights is legislation that recognized and declared certain human rights and fundamental freedoms in Canada.

What does Section 1 of the Canadian Bill of Rights recognize and declare?

Section 1 recognizes and declares that in Canada there have existed and shall continue to exist, without discrimination by reason of race, national origin, colour, religion, or sex, certain human rights and fundamental freedoms.

Which grounds of discrimination are specifically listed in Section 1 of the Canadian Bill of Rights?

Race, national origin, colour, religion, and sex.

What does Section 1(b) of the Canadian Bill of Rights protect?

Section 1(b) recognizes the right of the individual to equality before the law and the protection of the law.

What is the wording of Section 1(b) of the Canadian Bill of Rights?

“The right of the individual to equality before the law and the protection of the law.”

What are the possible challenges to legislation under the Charter?

The possible challenges include striking down the law, reading down, reading in, constitutional exemption, and severance.

What does it mean to strike down a law under the Charter?

The law is struck down in its entirety.

What does “read down” mean under the Charter?

If a law is over-inclusive, while the core of the law does not breach the Charter, it may also capture activities that violate the Charter. A law can be read down to limit its scope to only those actions that do not breach the Charter.

When might a law be read down?

A law may be read down when it is over-inclusive and captures activities that violate the Charter, even though its core does not breach the Charter.

What does “reading in” mean under the Charter?

When a law is drafted in an under-inclusive way and fails to include all individuals and actions, the Court can insert an interpretation into the law to make it Charter compliant.

When might a court use reading in?

A court may use reading in when legislation is under-inclusive and fails to include all individuals or actions that should be protected under the Charter.

What is a constitutional exemption?

A constitutional exemption is when the law stands, but a specific individual is exempted from its application.

What does severance mean under the Charter?

The Court can remove the portion of the law that offends the Charter while keeping the rest of the law intact.

What is the difference between striking down and severance?

Striking down removes the law in its entirety, whereas severance removes only the portion of the law that offends the Charter and keeps the rest intact.

What is the difference between reading down and reading in?

Reading down limits the scope of an over-inclusive law to avoid Charter violations, while reading in adds an interpretation to an under-inclusive law to make it Charter compliant.

What are the two broad types of Charter challenges discussed in the lecture?

Challenges to legislation and challenges to government action.

What are some remedies for civil cases involving challenges to government action under the Charter?

Declaratory relief and compensation.

What is declaratory relief?

The Court declares what your rights are and then lets the government determine how to accommodate you on a go-forward basis.

What happens when declaratory relief is granted?

The Court declares the individual's rights, and the government determines how to accommodate those rights going forward.

Why do courts not typically award money damages for Charter breaches?

Charter rights are often intangible and cannot be quantified with money. For this reason, courts do not typically award money damages for Charter breaches.

What is the Canadian Human Rights Act's approach to remedies when discrimination is established?

If the Tribunal finds that a complaint of discrimination is established, it can make an order against the person who engaged in the discriminatory practice.

What can an order under the Canadian Human Rights Act require regarding future discriminatory practices?

It can require the respondent to cease the discriminatory practice and take measures to prevent the practice from occurring in the future under s. 53(2)(a).

What can an order under the Canadian Human Rights Act require regarding denied rights, opportunities, or privileges?

It can require the respondent to make available to the victim the rights, opportunities, or privileges that were denied under s. 53(2)(b).

What compensation can be ordered for lost wages under the Canadian Human Rights Act?

The respondent can be ordered to compensate the victim for any lost wages resulting from the discrimination under s. 53(2)(c).

What compensation can be ordered for alternative goods, services, facilities, or accommodation?

The respondent can be ordered to compensate the victim for the additional costs of obtaining alternative goods, services, facilities, or accommodation as a result of the discrimination under s. 53(2)(d).

How much can a victim receive for pain and suffering under the Canadian Human Rights Act?

The victim can receive up to $20,000 for pain and suffering experienced as a result of the discrimination under s. 53(2)(e).

How much can a victim receive when discrimination was wilful or reckless under the Canadian Human Rights Act?

The victim can receive up to $20,000 if the discrimination was wilful or reckless under s. 53(3).

Can interest be awarded on financial compensation under the Canadian Human Rights Act?

Yes. The Tribunal can award interest on an order to pay financial compensation under s. 53(4).

What section of the Canadian Human Rights Act concerns ceasing discriminatory practices and preventing them from occurring in the future?

Section 53(2)(a).

What section of the Canadian Human Rights Act concerns restoring denied rights, opportunities, or privileges?

Section 53(2)(b).

What section of the Canadian Human Rights Act concerns compensation for lost wages?

Section 53(2)(c).

What section of the Canadian Human Rights Act concerns additional costs of obtaining alternative goods, services, facilities, or accommodation?

Section 53(2)(d).

What section of the Canadian Human Rights Act concerns compensation for pain and suffering?

Section 53(2)(e).

What section of the Canadian Human Rights Act concerns compensation for wilful or reckless discrimination?

Section 53(3).

What section of the Canadian Human Rights Act concerns interest on financial compensation?

Section 53(4).

What is the goal of a remedy under the Alberta Human Rights Act?

The goal of a remedy is not to punish the respondent. It is meant to restore the complainant to the position they would have been in if they had not experienced discrimination.

Is the purpose of a remedy under the Alberta Human Rights Act to punish the respondent?

No. The goal is not to punish the respondent; it is to restore the complainant to the position they would have been in if they had not experienced discrimination.

What types of remedies are available under the Alberta Human Rights Act?

A remedy can be financial, non-financial, or a combination of both.

What are examples of financial remedies under the Alberta Human Rights Act?

Examples include compensating the complainant for lost wages or general damages and making a charitable donation.

What are examples of non-financial remedies under the Alberta Human Rights Act?

Examples include making a verbal or written apology to the complainant, making policy changes, and taking human rights training.

What is an example of a financial remedy involving lost wages?

Compensating the complainant for wages they lost as a result of discrimination.

What is an example of a financial remedy involving general damages?

Compensating the complainant for general damages resulting from the discrimination.

Can making a charitable donation be a financial remedy under the Alberta Human Rights Act?

Yes. Making a charitable donation is an example of a financial remedy.

Can an apology be a remedy under the Alberta Human Rights Act?

Yes. Making a verbal or written apology to the complainant is an example of a non-financial remedy.

Can policy changes be ordered as a remedy under the Alberta Human Rights Act?

Yes. Making policy changes is an example of a non-financial remedy.

Can human rights training be ordered as a remedy under the Alberta Human Rights Act?

Yes. Taking human rights training is an example of a non-financial remedy.

What factors are considered when deciding on compensation under the Alberta Human Rights Act?

1. The nature of the contravention; 2. the frequency and intensity of the contravention; 3. the vulnerability of the complainant; and 4. the impact on the complainant.

What is the first factor considered when deciding on compensation?

The nature of the contravention.

What is the second factor considered when deciding on compensation?

The frequency and intensity of the contravention.

What is the third factor considered when deciding on compensation?

The vulnerability of the complainant.

What is the fourth factor considered when deciding on compensation?

The impact on the complainant.