Sentences with phrase «human rights legislation»

You should be aware, just from reading this article, that the Human Rights legislation contains penalties for retaliatory actions.

Independent contractors, he noted, «have been found to be employees for the purposes of human rights legislation, even though they would not be considered employees in other legal contexts.»

Victoria, along with the ACT, is one of only two states or territories in Australia to have enacted human rights legislation.

Our processes are compliant with PIPEDA and with provincial privacy and human rights legislation.

When characteristics that are protected under human rights legislation come into play, employers are generally required to accommodate applicants and employees to the point of undue hardship.

Our background checks are designed to help you comply with privacy and human rights legislation, but you need to understand the services and the rules to be sure you are using them correctly.

Procedures and policies are auditable and consistent while ensuring compliance with Privacy and Human Rights legislation

Who may have experienced discrimination based on a protected ground under human rights legislation

Many say that tribunals have consistently upheld human rights legislation as a valid restriction on our fundamental freedoms, meaning human rights override fundamental freedoms.

the intersection of the UN Convention on the Rights of the Child, the Charter and human rights legislation;

In McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39, the Supreme Court of Canada clearly stated that control and dependency define the essence of the employment relationship for the purposes of human rights legislation.

TWU attempted to exclude itself from scrutiny under the human rights legislation by relying on the exemption clause under s. 41 of B.C.'s Human Rights Code.

For years, it has been generally accepted that there are both a substantial and a procedural duty to accommodate an employee to the point of undue hardship, and if an employer breaches the procedural duty to accommodate, the human rights legislation has been breached.

In recent times, we have seen the ongoing expansion of protections provided by human rights legislation.

As such, McCormick could not claim the protection of human rights legislation from age discrimination and could be forced by the firm to retire at the age of 65.

Employers who establish a criminal reference check policy must comply with privacy legislation, as well as human rights legislation and RCMP guidelines.

Our society has also enshrined the protection of religious freedom, both in the Charter and in provincial human rights legislation.

An equity partner is not employee of a law firm and can not claim the protection of human rights legislation from age discrimination, the British Columbia Court of Appeal has ruled.

While provincial law societies are subject to human rights legislation, Section 1 of the Ontario Human Rights Code does not list «class» as a potential site for discrimination when accessing services, goods and facilities.

This balance is reflected, for example, in section 41 of the BC human rights code and section 18 of the Ontario human rights code, which provide exemptions from human rights legislation for certain organizations whose mandate includes serving a group identified by a protected grounds, including a particular religious group.

The employer's duty to accommodate is engaged when an employee is unable to comply with a workplace rule or requirement due to a personal factor that is protected by human rights legislation.

Human rights legislation is afforded quasi-Constitutional status by the Supreme Court of Canada.

While emphasizing the importance of freedom of expression in a subsection of the provision, the intent of the statute is to suppress a certain type of expression which represents a potential cause of the discriminatory practices the human rights legislation seeks to eliminate.

That is the anti-thesis of the protection of religious freedom afforded by the human rights legislation in both BC and Ontario (both of which expressly permit religious organizations to discriminate in favour of members of their religion in the provision of services in the public sphere) and the Charter.

Human rights legislation doesn't define «undue hardship,» but precedent shows it includes more than mere inconvenience or disruption to the workplace.

To ensure employers comply with their duty to accommodate to the point of undue hardship under human rights legislation, an accommodation of disability policy and process should be established and communicated, explaining the employer's obligations and responsibilities, and the employees» rights and responsibilities under the law.

Despite human rights legislation and proactive measures to address racism or racial discrimination, it is still embedded in our institutions, organizations and ways of thinking.

These policies should explicitly address discrimination based on all prohibited grounds under human rights legislation, including sexual orientation.

Often described as a high - water mark of judicial activism in Canada, the Vriend case involved an allegation that Alberta's provincial human rights legislation was too narrow, and therefore inconsistent with the Charter.

While employees may request accommodation for childcare and eldercare obligations under human rights legislation on the basis of «family status,» the full scope of these protections — and the extent to which employers must accommodate — is still under development.

The Ontario Human Rights Commission has published a good primer on the issue of adding social condition to human rights legislation, available here.

Jurisdiction: The Tribunal made note of the quasi-constitutional nature of human rights legislation in its decision, as well as the fact that various adjudicative bodies such as HPARB have the responsibility and jurisdiction to apply the Code in the context of their own statutory mandates (¶ 23).

The human rights legislation protected «employees» from discrimination in «employment» relationships, including based on age.

Now it appears that Canadian human rights legislation is, in a similar vein, in the Volokh crosshairs.

Human Rights (PDF) In Canada, human rights legislation makes sure that people have the right to live free from discrimination and harassment.

The Volokh Conspiracy, a leading U.S. law blog founded by UCLA Law Professor Eugene Volokh, has run a number of opinion pieces recently that characterize Canadian human rights legislation as a threat to freedom of speech.

The various versions of human rights legislation are fundamentally similar across the country.

The authors argue that the remedial authority of tribunals should be grounded in the principle of effective remedy, recognizing the unique character of human rights legislation, its broad purposes, distinct provisions and administrative machinery.

The Court not only confirmed that, when it comes to an alleged disability, the onus of proof lies with the complainant, but it found that a disparate and temporary condition does not meet the threshold for protection under human rights legislation.

Such a result, as noted above in Johnstone [FCA], would be to trivialize human rights legislation.

Only one witness, Mr. Droege, was subjected to complaints under human rights legislation.

In the context of human rights legislation, he concluded that substantiated complaints under s. 13 (1), followed by a cease and desist order,

In McGill, supra note 129, the Supreme Court of Canada stated at para. 20, «[s] ince the right to equality is a fundamental right, the parties to a collective agreement can not agree to a level of protection that is lower than the one to which employees are entitled under human rights legislation...»

[74] The starting point for any exercise in statutory interpretation is recognition of the prevailing rules that have been established for the interpretation of human rights legislation (22).

However, in New Brunswick and Quebec, human rights legislation does not specifically include family status as a prohibited ground of discrimination.

In Alberta, Ontario, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador, «gender identity» and «gender expression» are listed as protected grounds in human rights legislation, and «gender identity» a protected human right ground in Manitoba, the Northwest Territories, and Saskatchewan.

As directed by the Supreme Court of Canada, and as noted in the decision by the Human Rights Tribunal, human rights legislation should be interpreted as broadly, and as liberally as possible.

Both Manitoba and Ontario recently added gender identity and gender expression to their human rights legislation as prohibited grounds of discrimination.

Changes to human rights legislation have already occurred in several provinces and territories in Canada.

Volunteer work has been included in the area of «employment» in cases decided under the human rights legislation of other jurisdictions: Brown v. Robinson (1989), 10 C.H.R.R. D / 6286 (B.C.C.H.R.); Thambirajah v. Girl Guides of Canada (1995), 26 C.H.R.R. D / 1; Nixon v. Vancouver Rape Relief Society (No. 2)(2002), 42 C.H.R.R. D / 20, 2002 BCHRT 1.