Evolution of Canadian Human Evolution of Canadian Human Rights LegislationRights Legislation

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Evolution of Canadian Human Evolution of Canadian Human Rights LegislationRights Legislation

Much of Canada's human rights legislation Much of Canada's human rights legislation developed during the 20th century. developed during the 20th century.

Unlike the U.S. Constitution, the Unlike the U.S. Constitution, the British British North America (BNA) ActNorth America (BNA) Act did not address did not address Human Rights issues at all. Human Rights issues at all.

It focused instead on the division of It focused instead on the division of powers between the federal government powers between the federal government and the provinces and territories.and the provinces and territories.

Christie v. York (1940),Christie v. York (1940), One of Canada's most famous human rights cases, One of Canada's most famous human rights cases, clearly emphasized the lack of human rights laws in this country. clearly emphasized the lack of human rights laws in this country. Mr. Christie and several friends went to the Montreal Forum to Mr. Christie and several friends went to the Montreal Forum to

watch a hockey game. In a bar at intermission, the bar attendant watch a hockey game. In a bar at intermission, the bar attendant refused to serve Mr. Christie because of his skin colour. He went to refused to serve Mr. Christie because of his skin colour. He went to court over the issue and the judge awarded him $200 for loss of court over the issue and the judge awarded him $200 for loss of dignity and worth. dignity and worth.

However, the business community appealed the ruling on the basis However, the business community appealed the ruling on the basis that under current legislation they had the freedom to serve anyone that under current legislation they had the freedom to serve anyone they chose. they chose.

The higher court agreed and overturned the original judgment, The higher court agreed and overturned the original judgment, making it clear that no law existed to protect Mr. Christie's rights.making it clear that no law existed to protect Mr. Christie's rights.

The Universal Declaration of The Universal Declaration of Human RightsHuman Rights

Following World War II and as a direct result of the Following World War II and as a direct result of the human rights atrocities perpetrated by the Nazis, the human rights atrocities perpetrated by the Nazis, the United Nations formed a division to protect human rights United Nations formed a division to protect human rights and stabilize international relations between countries. and stabilize international relations between countries.

Universal Declaration of Human RightsUniversal Declaration of Human Rights was signed by was signed by the U.N. member states on December 10, 1948. It made the U.N. member states on December 10, 1948. It made specific reference to the protection of human rights. specific reference to the protection of human rights.

influenced the development of human rights legislation in influenced the development of human rights legislation in Canada. i.e. The Ontario Human Rights CodeCanada. i.e. The Ontario Human Rights Code

Federal level - government enshrined the principle of Federal level - government enshrined the principle of equality in the equality in the Bill of RightsBill of Rights in 1964. in 1964. Canadian Human Canadian Human Rights ActRights Act in 1976 and the in 1976 and the Canadian Charter of Rights Canadian Charter of Rights and Freedomsand Freedoms in 1982. in 1982.

Human Rights in OntarioHuman Rights in Ontario

In the 1940s and 1950s, people in Ontario found In the 1940s and 1950s, people in Ontario found themselves discriminated against in matters of themselves discriminated against in matters of housing, employment, and education. housing, employment, and education.

For example, one could often find restrictive For example, one could often find restrictive agreements on property deeds such as "Land agreements on property deeds such as "Land not to be sold to Jews or persons of not to be sold to Jews or persons of objectionable nationality". objectionable nationality".

Not until near the end of the Second World War Not until near the end of the Second World War did modern human rights legislation begin to did modern human rights legislation begin to developdevelop

TimelineTimeline 1944 -1944 - The Ontario Racial Discrimination Act The Ontario Racial Discrimination Act prohibited prohibited

the publication or displaying of symbols which expressed the publication or displaying of symbols which expressed racial or religious discrimination.racial or religious discrimination.

19511951 - The Fair Employment Practices Act - The Fair Employment Practices Act prohibited  prohibited discrimination based on race and religion in employment.discrimination based on race and religion in employment.

19541954 - The Fair Accommodation Practices Act - The Fair Accommodation Practices Act prohibited  prohibited discrimination in public places on racial, religious, or discrimination in public places on racial, religious, or ethnic grounds.ethnic grounds.

19581958 - The Ontario Anti-Discrimination Commission - The Ontario Anti-Discrimination Commission ActAct created a commission to administer the above acts  created a commission to administer the above acts and develop educational programs.and develop educational programs.

19611961 - The Amendment to the Fair Accommodation - The Amendment to the Fair Accommodation Practices ActPractices Act prohibited discrimination in rental  prohibited discrimination in rental accommodationaccommodation

The Ontario Human Rights CodeThe Ontario Human Rights Code

The development of these laws and increased The development of these laws and increased social pressure led politicians to establish a social pressure led politicians to establish a more comprehensive human rights legislation to more comprehensive human rights legislation to protect the rights of individuals.protect the rights of individuals.

In 1962, Ontario proclaimed its In 1962, Ontario proclaimed its Human Rights Human Rights CodeCode. .

Laws would be enforced through the Laws would be enforced through the establishment of the Ontario Human Rights establishment of the Ontario Human Rights Commission. Commission.

Revisions to Revisions to The CodeThe Code have occurred several have occurred several times since then to broaden its protection of times since then to broaden its protection of individuals.individuals.

The Ontario Human Rights CodeThe Ontario Human Rights Code

The Ontario Human Rights CodeThe Ontario Human Rights Code has has supremacy over all other legislation in supremacy over all other legislation in Ontario unless that legislation specifically Ontario unless that legislation specifically states that the states that the CodeCode does not apply. does not apply.

An example of where the An example of where the CodeCode does not does not apply is when persons with certain apply is when persons with certain disabilities (such as uncontrolled seizures) disabilities (such as uncontrolled seizures) are prohibited from driving under the are prohibited from driving under the Highway Traffic ActHighway Traffic Act..

Discrimination and the CodeDiscrimination and the Code In Ontario, discrimination is In Ontario, discrimination is

forbidden by the forbidden by the Code.Code. Here are the expectations of Here are the expectations of

people who live in Ontario:people who live in Ontario:

1.1. Avoid discriminating against Avoid discriminating against or harassing others. or harassing others.

2.2. Address discrimination when Address discrimination when we see, or are the victim of, we see, or are the victim of, discriminatory treatment. discriminatory treatment.

3.3. Report incidents of Report incidents of discrimination to the Ontario discrimination to the Ontario Human Rights Commission Human Rights Commission and urge others to do so as and urge others to do so as well. well.

4.4. Learn about human rights Learn about human rights and teach them to others, and teach them to others, thus ensuring that people thus ensuring that people know their rights and know their rights and responsibilities under the responsibilities under the CodeCode..