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Legal Guide


British Columbia’s Human Rights Code, Ontario’s Human Rights Code, Alberta’s Human Rights Act and Quebec’s Charter of Human Rights and Freedoms, each have detailed provisions prohibiting discrimination on the basis of a list of grounds, including race, creed, sex, sexual orientation, age, and physical and mental disability. In Ontario’s Code, harassment, including sexual harassment and sexual solicitation, is separately prohibited. In Alberta, harassment is part of discrimination. Discrimination, in fact or in result, is prohibited, even though an improper intent may not be present. Qualifications in employment advertisements or written inquiries on application forms, which tend towards the possibility of a discriminatory result, are prohibited. In British Columbia, Alberta, Ontario and Quebec, this prohibition does not apply if it can be established that the qualification is based on a bona fide occupational requirement. In order to justify such a requirement, the employer will be required to show that the needs of an individual cannot be accommodated without undue hardship. Human rights legislation is administered by a Human Rights Commission or Council, which both investigates and potentially litigates complaints before independent dedicated human rights tribunals. In British Columbia and Ontario, complaints now proceed directly to a tribunal for resolution.

Additional posts from the blog

Nov

12

Canada’s Anti-Spam Law – New Guidance on Offering Apps, Software

by Margot Patterson

CASL also prohibits installing a “computer program” – including an app, widget, software, or other executable data – on a computer system (e.g. computer, device) unless the program is installed with consent and complies with disclosure requirements. The provisions in CASL related to the installation of computer programs will come into force on January 15, 2015.

May

02

Environment Canada issues Hydrofluorocarbon reporting requirement

by Nalin Sahni

On April 7, 2014, the Minister of the Environment issued a Notice with respect to hydrofluorocarbons (the “Notice”), pursuant to the Canadian Environmental Protection Act, 1999. The Notice imposes reporting requirements on those who imported, exported, or manufactured certain hydrofluorocarbons (“HFCs”) from 2008 and 2012. A non-exhaustive list of HFCs subject to these reporting requirements can be found in Schedule 1 of the Notice.

Apr

17

“Oh, what a tangled web we weave when first we practice to deceive.”

by Andy Pushalik

In an interesting decision, the Human Rights Tribunal of Ontario has ruled that an employer is not liable for discriminatory and harassing texts sent by a rogue employee to another of its workers.



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