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Trousse sur les droits de l’homme > Canada and Human Rights Ce document est disponible seulement en anglais. "[W]e who live in fortunate lands where we Lester B. Pearson The Universal Declaration of Human Rights is extremely important for Canadians because it has provided us with a framework of human rights goals and standards to which Canadian legislation, institutions, and society can aspire. Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has been very successful in making universal human rights a part of Canadian law. There are currently four key mechanisms in Canada to protect human rights: the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, Human Rights Commissions, and provincial human rights laws and legislation. The Canadian Charter of Rights and Freedoms In 1982, the Federal Government modified Canada’s Constitution in order to better reflect the human rights goals and standards set by the Universal Declaration of Human Rights. The Government enacted a statute known as the Canadian Charter of Rights and Freedoms. What is the purpose of the Charter? The Canadian Charter of Rights and Freedoms is a binding legal document that protects the basic human rights of all Canadians. It provides a list of the rights to which all Canadians are entitled and describes the Government’s responsibility in upholding those rights. The Charter is often cited in legal cases pertaining to human rights issues, and guarantees that our laws and the justice system operate in accordance with fundamental rights and freedoms. What does the Charter guarantee? The Canadian Charter of Rights and Freedoms guarantees our fundamental freedoms (such as freedom of thought, speech, and association), democratic rights (such as the right to vote), mobility rights (the right to enter, remain in, and leave Canada), legal rights, equality rights (equality before the law and protection against discrimination), language rights, as well as the rights of Canada’s aboriginal peoples. How does the Charter protect me against discrimination? The Canadian Charter of Rights and Freedoms prohibits discrimination on the grounds of race; national or ethnic origin; colour; religion; gender; age; and mental or physical disability. Sexual orientation has recently been recognized as a prohibited ground for discrimination under the Charter. The Charter protects you from discrimination in actions taken by the Government of Canada, the government of any province or territory, and actions taken by government agencies, such as hospitals, schools, or Human Resource Centres. The Canadian Charter is a vital part of our law. It provides a legal mechanism in our Constitution that protects us from the violation of our basic human rights, thereby ensuring a free and democratic society. Nowhere are the principles of the Universal Declaration of Human Rights more clearly represented than in the Canadian Charter of Rights and Freedoms. It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada. The Canadian Human Rights Act and Provincial Human Rights Legislation The Federal Government and every Canadian province have legislation dealing with human rights, as well as human rights commissions to administer that legislation. They work together to ensure that the rights of every Canadian are protected and that all people are treated with equality and respect. The most important human rights legislation at the federal level is the Canadian Human Rights Act, which came into force in 1978. It outlaws discrimination in employment and in the delivery of goods and services on eleven grounds: race, national or ethnic origin, colour, religion, age, sex, marital status, family status, pardoned conviction, disability, and sexual orientation. The Canadian Human Rights Act applies to people working for either the Federal Government or a private company regulated by the Federal Government. It also applies to anyone who receives goods and services from any of those sectors. All of the Federal Government departments and Crown corporations (such as the CBC or Canada Post) are required to adhere to the Canadian Human Rights Act. Private companies such as railroads, airlines, banks, telephone companies, and radio or TV stations must also adhere to the Canadian Human Rights Act. Each province has its own human rights law, usually called a Code or an Act (or in Quebec, a Charter), that covers other types of organizations not included under federal legislation. Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, as are provincial governments themselves. Provincial human rights laws also prohibit discrimination in housing: you cannot, for example, refuse to rent an apartment to someone because of that person’s race or religion. Every Canadian is legally protected from discrimination by the various levels of human rights legislation. In order to ensure that this legislation is effective, human rights commissions oversee the application of human rights law. Human Rights Commissions The Universal Declaration of Human Rights does not include a description of practical steps governments can take to ensure that human rights are protected. It provides guiding principles, but lacks instructions on how each country should implement them. Even if human rights are protected in theory by a constitution, they could still be violated in practice. This is a dangerous gap that many countries have not adequately addressed. Canada has attempted to bridge this gap by creating human rights commissions at both the federal and provincial levels. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems. They work to educate us about human rights and promote equality of opportunity for groups in society that are frequently the target of discrimination. If you have experienced sexual harassment or discrimination, for example, you have the right to contact your provincial human rights commission and file a complaint. If you have a disability and a bank or post office is not accessible, you can file a complaint with the federal human rights commission. In many countries people have no way to have their human rights complaints heard or resolved, nor do they have adequate laws to protect their human rights. Human rights commissions are therefore a tremendously valuable resource for Canadians. Learn more about what your province is doing to protect human rights. Contact the Canadian Human Rights Commission or your provincial commission for information on human rights laws, the complaints process, the responsibilities and activities of your human rights commission, and to receive educational materials on human rights. With the Canadian Charter of Human Rights, the Canadian Human Rights Act, and human rights commissions at the federal and provincial levels working to protect and promote our human rights, we can feel confident that the principles outlined in the Universal Declaration of Human Rights are incorporated into Canadian law. Fifty years after its creation, we can see just how much the Universal Declaration of Human Rights has affected our lives. The next section of the Action Guide will respond to key questions you may have about human rights. It will also address questions concerning the Universal Declaration of Human Rights, related international agreements, and your role in promoting human rights during the 50th Anniversary. List of Provincial Human Rights Commissions Prince Edward Island: http://www.gov.pe.ca/caag/human/index.asp |
