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Encyclopedia > Canadian Human Rights Act

The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vicitims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... System of government Canada is a constitutional monarchy as a Commonwealth Realm (see Monarchy in Canada) with a federal system of parliamentary government, and strong democratic traditions. ... For the album by Ash, see 1977 (album). ...


The act outlines the creation of a Human Rights Commission that investigates claims of descrimination as well as the creation of a Human Rights Tribunal to judge the cases.


Before a case can be brought to the Tribunal it must go through several stages of investigation and remediation, after which, if the parties are not satisfied will go to the tribunal. If a complainant can show a valid case of discrimination the defendant can rebut it by showing that their practice was for a justified reason. The process is generally known as the "Meiorin test" which is similar to the Oakes test justification in a charter challenge. The Oakes test is applied by courts in Canada when any legislation is found to infringe upon rights guaranteed by the Canadian Charter of Rights and Freedoms. ... The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982. ...


Decisions from the Tribunal are binding as any other court with the option to appeal to a higher court.


External link

Dept of Justice : Human Rights Act (http://laws.justice.gc.ca/en/H-6/)


  Results from FactBites:
 
Canadian Human Rights Act | Overview (409 words)
The Canadian Human Rights Act is designed to safeguard Canadians from discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability, sexual orientation, or conviction for an offence for which a pardon has been granted.
Section 2 of the Act stipulates that every individual should have equal opportunity to make the life he or she is able to have, without being prevented from doing so by discriminatory practices.
The Human Rights Act applies to all federally regulated industries, such as airlines, banks, and telephone companies, and includes Canadian TV and radio stations.
  More results at FactBites »


 

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