Sentences with phrase «rights legislation»

The various human rights tribunals enforce human rights legislation within their respective jurisdiction.

Human Rights law applies to all employees, but is governed by specific or federal human rights legislation.

The various human rights tribunals enforce human rights legislation within their respective jurisdiction; the Courts do not have jurisdiction to enforce human rights legislation.

In Seneca College v Bhadauria, the Supreme Court of Canada held that discrimination on prohibited grounds as defined in human rights legislation and, therefore, the courts do not have jurisdiction to enforce human rights legislation.

Workplace sexual harassment isn't a new issue: 30 years ago, the Supreme Court of Canada, in the landmark case of Janzen v. Platy Enterprises, decided workplace sexual harassment is a form of sex discrimination in employment and violates human rights legislation.

Historically, in Canadian jurisdictions like Alberta where language is not a protected ground in human rights legislation, tribunals and courts have protected language vicariously through other grounds such as ancestry or place of origin.

Although it seems that there is some level of language protection via other legislation, what is the extent of the protection of language in human rights legislation?

We provide advice to help employers comply with human rights legislation.

Its unique research enabled CCLA to document its argument that existing human rights legislation was not strong enough, setting the stage for the ensuing employment equity campaigns.

Although it has been consistently stated that human rights legislation is to be given a broad interpretation, it is difficult to accurately predict what the Supreme Court will ultimately decide.

While human rights legislation prohibits employers from making decisions based on permanent personal features such as race, place of origin, colour, religion or disability, among others, it does not prevent them from asking questions based on these grounds.

Although this decision was based on British Columbia's human rights legislation, the similarly broad wording of Ontario's Human Rights Code, which prohibits discrimination «with respect to employment», suggests that the same approach would apply in Ontario.

In light of human rights legislation, employee medical users may be allowed to work while using marijuana.

In this issue: «Bad Customer Service» — or Breach of Human Rights Legislation?»

In appropriate cases, where such individuals can establish discrimination based on an employer policy or conduct, then they certainly are entitled to remedies under the human rights legislation, including the duty to accommodate their disability unless it amounts to an undue hardship.

The Court did note that not every instance of tension or conflict between a workplace requirement and childcare would garner the protections of human rights legislation.

However, because it was decided by an appellate court, it is likely to influence decisions made under human rights legislation in all Canadian jurisdictions, particularly those involving employer drug use policies in safety sensitive workplaces.

While not all human rights legislation in Canada is the same, Ontario's Human Rights Code shares many similarities with human rights legislation in several provinces and territories, including British Columbia, while other provinces, for example, Saskatchewan, take a narrower approach and specify, for example, that only discrimination by «employers» is covered.

As the complainant, John Chiasson, had not met the onus of showing that he suffered discrimination under Alberta's human rights legislation, his complaint was dismissed.

This article discusses the role of the intervention of the Women's Legal Education and Action Fund (LEAF) in the case of Vriend v Alberta, [1998] 1 SCR 493, a case which resulted in the SCC ordering the ground of «sexual orientation» to be read into Alberta's human rights legislation (then the Individual's Rights Protection Act).

In Canadian National Railway v. Seeley, 2013 FC 117, the Federal Court of Canada confirms that family status protection offered by human rights legislation includes childcare obligations, and that employers must meaningfully consider parents requests for accommodation based on childcare obligations, or they run the risk of violating human rights legislation.

Workers for employers who fall under federal jurisdiction are also protected by human rights legislation in accordance with the Canadian Human Rights Act («CHRA «-RRB- and the Employment Equity Act («EAA»).

Human rights legislation across Canada has similarities and differences.

For example, human rights legislation in P.E.I. and Ontario define «family status» as, «the status of being in a parent and child relationship»; that of N.L. defines it expansively as, «the status of being in a parent and child relationship and... «child» includes a stepchild and an adopted child and «parent» includes a step - parent and an adoptive parent».

Both federal and provincial human rights legislation requires employers to accommodate employees with disabilities to the point of undue hardship.

As a result, CN discriminated against Ms. Seeley based on family status and violated human rights legislation.

Separate from the above, employers have a general duty under human rights legislation to accommodate an unpaid leave of absence in the case of an employee who is unable to work because of a disability.

Starting in Vriend v. Alberta, [1998] 1 SCR 493, the Supreme Court of Canada permitted someone to challenge Alberta's (then existing) human rights legislation despite the fact that his personal circumstances only engaged certain discrete sections of that Act.The Supreme Court rejected a strict reading of the third stage of the test, because it was inefficient and imposed an unfair burden on unknown people (Vriend at para 47).

It's fair to say that employers across Ontario were prepared for the provincial government to introduce at least some labour reforms as part of the Changing Workplaces Review, which put everything from the province's employment standards to human rights legislation under the microscope.

But that duty extends to any characteristics that human rights legislation protects, including gender identity, gender expression and sexual orientation, sex, family status... and religion.

But what about human rights legislation?

Second, each Canadian province has human rights legislation that protects employees from discrimination in all aspects of the employment relationship, including hiring, promotions, and termination.

Following general principles of human rights jurisprudence, the onus is initially on the complainant in a human rights complaint to establish that he or she has suffered discrimination on a prohibited ground set out in the human rights legislation.

Human rights legislation protection of religion in Canada covers more than merely mainstream or well - known religions, and extends to creed and religious creed.

It is clear that human rights legislation protects persons who have, or have had, an actual or perceived disability.

Human rights legislation occupies a special place in Canadian society, and in the Canadian legal system.

This Court has explained that one of the reasons that human rights legislation has a special status is that it is «often the final refuge of the disadvantaged and disenfranchised» and «the last protection for the most vulnerable members of the society.»

Next the Court describes earlier decisions concerning the test for discrimination under human rights legislation as «common law elaborations of statute» (at para 50).

This Court has consistently held that human rights legislation is «pre-eminent,» «fundamental,» and «quasi-constitutional,» and that it should be interpreted in a broad and purposive manner in order to advance the broad policy considerations underlying it.

(1) Human rights legislation is given a liberal and purposive interpretation.

Sessions raise the general level of legal awareness about our human rights legislation across the province and offer tools to employers, service providers and unions to assist them in complying with Code provisions.

To avoid potentially serious consequences at the HRTO, employers should ensure that they understand the prohibited grounds of discrimination in the Code — for example, that discrimination based on «sex» includes pregnancy — and ensure that they are in strict compliance with all relevant human rights legislation, especially when it comes time to terminate an employee.

Professor Mullan further comments that a properly resourced administrative system is the best solution to ensure the goals of human rights legislation are met:

Where your issue falls outside provincial human rights legislation, we will guide you to a more suitable agency or organization.

Human rights legislation has an important public function: it was created to end discrimination and to further the rights of vulnerable groups who have experienced exclusion and historical disadvantage.

In Whatcott the Supreme Court of Canada is also considering the interpretation of human rights legislation by a human rights tribunal and makes short work of the standard of review indicating that the law post-Dunsmuir clearly calls for deference to the interpretation by the tribunal of its home legislation on questions within its expertise.

The public function of human rights legislation to eradicate systemic barriers has a particularly important role in the lives of persons with disabilities who face multiple barriers on a daily basis.

Remedies must be accessible to meet the goals of human rights legislation to end exclusion and eradicate discrimination.

The goals of human rights legislation include ending the social exclusion and eradicating the systemic barriers faced by people with disabilities.

If you need information about your legal rights as protected in human rights legislation, call us directly.