Lesson: 64

Topic: The Canadian Human Rights Act

Objectives:

During this class students will examine the scope of the Canadian Human Rights Act. The purposes of the Act will first be examined, and then the scope of the act will be established. Students will be asked to take particular note of the different areas under the scope (namely, areas of federal jurisdiction, as well as some slight differences in the grounds which are protected under the Act.

Current Issue: Should prisoners lose their right to vote?

Method of Instruction and Evaluation:

In groups, students will explore the text of the Canadian Human Rights Act in order to determine answers for the following case:

Sally Sunshine worked as a sales account executive at a national airline based out of Toronto, Ontario. When it became known to her colleagues that Sally was a native Canadian she perceived that people started to treat her differently, but she wasn't sure if it was her imagination. She can, however, distinctly recall an occasion when her manager, Peter, told a joke around the water cooler that implied that Canadian indigenous peoples were lazy drunkards. The joke seemed to illicit both laughter and approval from the colleagues who were listening.

After working at the company for three years Sally applied for a management position in the airline. Although Sally had worked at the airline for three years, and had four years of similar experience with a prior firm, she lost the position to Martha - a colleague who had only two years experience with the airline, and no prior working experience. Both Sally and Martha had commerce degrees from the same university, although Sally possessed an Honour's degree while Martha had only a Bachelor's degree. Martha was a third generation Canadian of British decent.

When she questioned her supervisors, they could not seem to explain to why Sally would fail to obtain the promotion ahead of her colleague Martha. At this point Sally filed a complaint with the Canadian Human Rights Commission. When the upper management at the airline was informed that Sally had filed a complaint with the Canadian Human Rights Commission, her direct manager, Peter, approached her in private and said, "I always knew you'd be trouble. The problem with all you Indians is you think you're entitled to special treatment. If I were you I'd just be thankful I had a job at all; I'd also think about dropping this complaint if you want to hold onto the job you've got!"

In groups, examine the Canadian Human Rights Act in order to determine the answers to the following questions.

(Tip: Need to find a term? Just use [ctrl] + F on your keyboard to search the term within the document!)

Expectations Addressed:

The "Rights and Freedoms" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Human Rights in Canada:

  • explain the evolution of Canadian human rights legislation from English common law to the Canadian Bill of Rights and then the Canadian Charter of Rights and Freedoms;

  • evaluate the protections provided by federal and provincial human rights legislation (e.g., Canadian Human Rights Act, Ontario Human Rights Code);

  • identify historical and contemporary barriers to the equal enjoyment of human rights faced by individuals and groups in Canada, and analyse their effects.

• Canadian Constitutional Law:

  • distinguish between the law-making powers of the federal, provincial, and municipal governments;

  • explain what a constitution is and why it is necessary;

  • explain the role of the courts in determining law-making jurisdiction;

  • explain the significance of key events in Canadian constitutional history (e.g., the British North America Act, 1867; the Statute of Westminster, 1931; the Constitution Act, 1982; the Meech Lake Accord, 1987; the Charlottetown Accord, 1992).

• The Canadian Charter of Rights and Freedoms:

  • explain what is meant by entrenching rights in a written constitution;

  • analyse how rights and freedoms are protected under the Charter of Rights and Freedoms (e.g., fundamental freedoms; democratic, mobility, legal, equality, and language rights);

  • explain how rights included in the Charter are accompanied by corresponding responsibilities or obligations;

  • explain how citizens can exercise their rights under the Charter (e.g., by initiating Charter challenges in the courts to legislation or government action; by raising the Charter as a defence when charged with an offence).

• The Legislature and the Judiciary:

  • explain how rights may be limited or overruled according to the Charter (e.g., section 1, section 33);

  • evaluate the role of the courts and tribunals and, in particular, the Supreme Court of Canada, in interpreting Charter rights;

  • describe how Charter rights are enforced.

• Minority and Majority Rights:

  • identify historical and contemporary examples of conflicts between minority and majority rights (e.g., Riel Rebellion, the Quebec sovereignty debate, First Nation land claims);

  • explain why it is difficult but essential to balance majority and minority rights in a democracy;

  • evaluate the political and legal avenues available for resolving conflicts (e.g., the courts, tribunals, legislation, referendums).

Resources:

Text Reference:
• Chapter #4, pages 86 - 88, and 93 - 95 (required reading)

• Chapter #4, pages 88 - 93 (suggested reading)

• Chapter #5, pages 102 - 114 (required reading)

Handouts:
• Debriefing to the Sally Sunshine Case
• Canadian Human Rights Commission
• The Scope of Canadian Human Rights Legislation

Relevant web sites:

• WWLIA, Canadian Human Rights Law Centre

• The Canadian Bill of Rights

• Canadian Human Rights Commission
• Canadian Human Rights Act

• The Canadian Charter of Rights and Freedoms