Term
Charter vs. Human Rights Legislation |
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Definition
Charter protects from GOVERNMENT
Human Rights protect from INDIVIDUALS/CORPORATIONS/GOV. FUNDED BODIES & GOV. ACTING IN PRIVATE CAPACITY
(ex. employment relations) |
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Term
| Federal Human Rights referred to as |
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Definition
1) "Canadian Human Rights Act"
2) "Canadian Human Rights Commission"
- applies to sectors regulated by Fed. Legislation (s.91 & POGG)
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Term
| Provincial Legislation referred as |
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Definition
"Alberta Human Rights Act (AHRA)"
"Alberta Human Rights Commisson"
- provincially controlled areas (s. 92)
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Term
What is the AHRA (ie. what type of legislation)
Purpose? |
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Definition
- Primacy legislation (all Alberta statues must comply unless notwithstanding)
- Purpose = provide a level playing field
- not to be used for retaliation
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Term
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Definition
- Publications/notices
- Public Services (excluding age) ex. accomadations
- Tenancy
- Employment
- Union/Prof. Association Membership
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Term
| Prohibited Grounds? (general) |
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Definition
| Race, Colour, Place of Origin, Religion, Physical/Mental Disability (incl. alcoholics), Gender, Family Status, Marital Status, Source of Income, Age, Sexual Orientation |
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Term
| You have a duty to reasonably accomodate individuals unless? |
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Definition
Unless the business will experience "undue hardship"
- point at which it is not reasonable to accomdate an individual
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Term
| Can Employers discriminate to meet a genuine job qualification? |
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Definition
| Yes, it must be a "Bona Fide Occupation Requirement" and must be justified |
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Term
| What are some examples of Accomodation? (ie. Dute to accomodate) |
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Definition
- Wheelchair accessibility
- Revised work hours
- Service dogs
- Oberservance of religion throughout workday
- Type of work
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Term
What falls under "Publications/Notices" (Protected Area)
What is an exception?
Where do Human Rights not apply? |
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Definition
- Signs, symbols, emblems, statements, which indicated discrimination against person/class
- EXCEPTION: Freedom of Opinion
**DOES NOT apply to bona fide occupational requirements or gender specific facilities |
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Term
What Falls Under Public Services? (Protected Area)
What does it NOT protect? |
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Definition
- Goods/Services/Accomodation (hotels/campgrounds) & facilities
**DOES NOT protect grounds of age. Public services CAN discriminate based on age (ie. restuarants/nightclubs/hotels/theatres/rec. facilities) |
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Term
What falls under Tenancy (Protected Area)
What does it NOT protect? |
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Definition
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**DOES NOT protected grounds of age |
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Term
What falls under Employment? (Protected Area)
What is the exception? |
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Definition
- Employers entitiled to hire based on competence/experience/education
- Employment practices should be clear, objective & fair
** Bona fide occupational requirments may be an exception IF JUSTIFIED/LEGITIMATE |
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Term
| What is the 3-part test for Bona Fide Occupational Requirements? |
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Definition
- Requirement must have a rational connection to job
- Standard/testing must be adopted in good faith
- Employer must show it is impossible to accomodate employee w/out undue hardship
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Term
| What are relateive criteria when considering "Undue Hardship" |
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Definition
- Cost
- Disruption of operations
- Morale issues
- Business (being affected) size
- Safety Concerns
** Employers should seek legal advice |
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Term
| Does the Human Rights Commission have jurisdiction to decide whether employers can require mandatory drug/alcohol testing? |
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Definition
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Term
| Are recreational drug users recognized by the "disabilities" prohibited grounds? |
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Definition
No, only drug and alcohol DEPENDENCIES are recognized
However, they may complain if employer discriminated on basis of "perceived" drug/alcohol dependencies
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Term
| To what point does a "duty to accomdate" end with drug/alcohol dependencies? |
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Definition
| If the employer fails to follow treatment requirements, the employer no longer has the duty to accomodate. |
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Term
| How to cure Harassment in the Workplace? |
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Definition
Many harassment issues are not related to prohibited grounds. May not be viable in court.
Best defence is to set out a harassment policy & ensure policy is communicated and followed |
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Term
| What does the prohibited grounds "Union/Professional Association Membership" protect against? |
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Definition
No trade union or employer organization or occupational association shall EXCLUDE/EXPEL/SUSPEND/DISCRIMINATE against ANY person for membership
(on basis on 13 prohibited grounds) |
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Term
| alberta human rights commission vs. administrative tribunals? |
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Definition
AHRC - Organizate & mandate, Process, Power & remedies
ADMIN. TRIBUNALS - enforce, appeal & judicial review |
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Term
- What branch are adminstrative tribunals part of?
- Purpose?
- How do they operate?
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Definition
- Executive (boards/commissions)
- To Implement & Enforce gov. policy
- QUASI-JUDICIAL
- conduct hearing
- hear evidence under oath
- make decisions affecting people's rights
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Term
| Are Adminstrative Tribunals a Court? |
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Definition
NO.
- Members are NOT independent judges (appointed by gov.)
- Critics question bias
- jurisdiction limited to enabling legislation
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Term
| An Administrative Tribunal Created By Enabling Statute (Alberta Human Rights Act) w/ Power to Make Subordinate Legislation? |
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Definition
| Alberta Human Rights Commisson |
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Term
| What are the 3 sections of the AHRC? |
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Definition
1) Tribunal
2) Complaint
3) Education & Engagement
** Tribunals hear and adjudicate complaints |
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Term
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Definition
When making a juman rights compaint, sometimes the facts can allow 2 different venues to handle complaint.
If you choose the wrong route, your case may be lost.
** Complain to commission, not to courts |
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Term
1) How long does a vicitim have to complain who believes the AHRA has been breached?
2) How long does the respondent have to reply? |
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Definition
1) 1 year
** By victim or ANY PERSON who has reasonable grounds
2) 21 days
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Term
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Definition
| Attempt to settle complaint |
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Term
| After investigations, what are the 3 decisions that may be made? |
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Definition
| Settlement, Dismissal or Discontinuance |
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Term
Internal appeals go to whom, how long?
(If complainant disagrees w/ dismissal or discontinuance) |
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Definition
| Chief Commissioner, 30 days |
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Term
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Definition
1) complaint dismissed
2) discriminatory act to stop
3) grant rights previously denied
4) grant compensation
5) award damages
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Term
| How is the AHRC decision enforced? |
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Definition
| Through Cour of Queen's Bench |
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Term
| Who does a party appeal to in an AHRC case? |
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Definition
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Term
| Is judicial review the same as an appeal? Where do you apply for judicial review? |
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Definition
NO. Apply at Court of Queen's Bench.
**Court reviews JURISDICTION and PROCESS |
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Term
| When is the tribunal's decision subject ot judicial review? |
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Definition
1) Enabling statue declared invalid if it does not conform to the constitution
2) if the decision-maker exceeds their authority
3)is there is a lack of procedural fairness
(ie. Fair hearing w/ adequate notice, decision made by person who hear evidence, free from bias) |
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Term
| What was the Vriend case regarding? (gay employee terminated from Christian College) |
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Definition
Vriend did NOT sue college (he had no grounds)
he DID sue AHRC b/c of lack of grounds for sexual orientation.
Used Equality and Enforcement sections of the charter |
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