Human Rights

CHAPTER OVERVIEW
5
CHAPTER OUTLINE

Human Rights Legislation

Canadian Human Rights Act
Human rights can be defined as the right to receive equal treatment, to
Provincial Human Rights
be free from prohibited discrimination and harassment, and to have equal Codes
access to places, services, and opportunities. In a country as multicul-
tural as Canada, it is important that the government and the public work Administering Human Rights
Legislation
together to ensure that all people are able to exercise their human rights.
Filing a Complaint
This chapter is divided into three sections. The first section provides
Dismissing a Complaint
an overview of key human rights legislation including the Canadian
Role of the Commission
Human Rights Act and the various provincial human rights codes. The
Remedies
second section on administering human rights outlines the compo-
nents of the complaint process, which include the process of filing or Grounds of Discrimination
dismissing a complaint, the role of the Human Rights Commission, Employment
and the various remedies available when discrimination has occurred. Accommodation and
The final section discusses different grounds of discrimination. These Facilities

grounds are organized under the categories of employment, accom- Meeting Special Needs

modation and facilities, meeting special needs, and goods and services. Goods and Services

The Looking Back activities at the end of the chapter offer students
opportunities to demonstrate and apply their understanding of key vocab-
ulary and concepts related to human rights.

123
PLANNING CHART
Key Content Suggested Strategies

Topic: 1. Write this statement in the centre of the board and ask students for their reac-
Human Rights Legislation tions: “All students are alike.” Create an idea web around the statement by
recording students’ responses (e.g., “not fair,” “that’s discrimination,” etc.).
Key Vocabulary
human rights 2. Ask students to list different types of stereotyping (e.g., age, gender, race, etc.).
discrimination
3. Explain the definitions of prejudice and discrimination, or have a student find
human rights codes
the words in the dictionary and read the definitions aloud to the class. Have
stereotyping
the class retell instances from their own lives or the lives of others where they
prejudice
believe discrimination occurred as a result of prejudice.

Resources
Law in Action, pp. 111–114

Topic: 1. Use the PowerPoint overhead to review the steps of the complaint process as
Administering Human Rights shown in Figure 5.3 in the student text.
Legislation
2. Ask three students to volunteer for a role play. In the role play, one will act as
Key Vocabulary the “complainant,” one as the “respondent,” and one as the “mediator.”
complainant
3. Provide the following scenario and have the students ad lib their roles: The
prima facie
complainant, who is 17 years old, applied for a job selling tickets at an inde-
gravamen
pendent movie theatre. The complainant was refused the job after the respon-
respondent
dent, the theatre manager, explained that he (or she) was looking for someone
mediation
“more mature.” The mediator must negotiate a resolution.
conciliation
4. Ask the class to vote on whether they agree with the resolution that has been
Resources negotiated. Take suggestions for other possible resolutions.
Law in Action, pp. 115–119
Figure 5.3 PowerPoint Overhead

124 UNIT 2 ◆ Rights, Freedoms, and Responsibilities

Key Content Suggested Strategies

Topic: 1. Have the class brainstorm 10 questions to ask someone applying for a cleri-
Grounds of Discrimination cal position in your school’s office. Write the questions on the board.

Key Vocabulary 2. Have two volunteers role-play the interview, one as the employer asking the
bona fide occupational questions and the other as the potential employee responding to them. At the
requirement end of the interview, the employer should indicate whether the person being
affirmative action interviewed will be hired. The employer should also explain why the decision
constructive discrimination was made either to hire or not to hire this individual.
direct discrimination
3. Now ask the class whether any of the questions on the board could be inter-
accommodate
preted as discriminatory. If so, which questions and why?
undue hardship
harassment
sexual harassment
poisoned environment
accommodation
facilities
goods
services

Resources
Law in Action, pp. 120–129
Canadian Charter of Rights and
Freedoms in Law in Action,
pp. 519–523

Chapter Review
Resources Law in Action, “Looking Back,” pp. 130–131
- Generic Assessment Master G-6: Rubric: Letter to the Editor
COPY Assessment

- Generic Assessment Master G-4: Checklist: Debate Evaluation

COPY Assessment
- Generic Assessment Master G-7: Rubric: Oral Presentation
COPY Assessment

Law in Action, “Cases,” pp. 132–133

- Generic Assessment Master G-3: Rubric: Case Analysis
COPY Assessment

- Generic Assessment Master G-10: Rubric: Case Presentation

COPY Assessment

Additional cases: Singh Multani v. Marguerite-Bourgeois School Board;

Trinity Western University v. British Columbia College of Teachers;
Saskatchewan Human Rights Commission v. St. Paul Lutheran Home of
Melville COPY Case Analysis

Law in Action Test Bank, Chapter 5

CHAPTER 5 ◆ Human Rights 125

 Key Content Suggested Strategies

Chapter Review
Extension Activities Activity 1: Legal Repertoire
- BLM 5-1: Developing Your Human Rights Repertoire
COPY Legal Inquiry

Activity 2: Interview
- Generic Assessment Master G-13: Rubric: Interview COPY Assessment

Activity 3: Human Rights Role Play

- Generic Assessment Master G-15: Rubric: Role Play Activity
COPY Assessment

Activity 4: Social Activism

- Generic Assessment Master G-1: Checklist: Group Work COPY Assessment

Activity 5: Creating a Political Cartoon

- BLM 5-2: Political Cartoon Page COPY Legal Inquiry

Activity 6: Examining Current Human Rights Issues

- BLM 5-3: Organizer for Human Rights Issues COPY Legal Inquiry

126 UNIT 2 ◆ Rights, Freedoms, and Responsibilities

 Legal Logic
Test Your Aptitude for Law: Activities for Getting Started

Puzzle 1 Puzzle 3
Complete these three sentences by replacing the under- Unscramble these three jumbled words, one letter to
lined numbers with a word. Then use the numbered each square, to form three legal terms.
letters to identify a 10-letter word for a form of human
rights violation. Some numbers are used more than
once.
pctolmani
1.__ 2.__ 3.__ 4.__ 5.__ 6.__ 7.__ 8.__ 9.__ 10.__

• A person who violates another person’s human

rights should feel 5, 1, 2, 7, 8.
iujrntosciid
• Most people would 3, 8, 6, 8, 9, 10 being dis-
criminated against.
• Anyone who experiences discrimination can 6, 10,
eprtoestey
4, 3, 10 an action by filing a complaint.
Answer: shame/resent/start/HARASSMENT Now arrange the circled letters to form the answer to
the statement below:

Puzzle 2 A preconceived opinion based on a stereotype is ___.

Forty-two-year-old Su Ching works for an electronics

company. She is a heavy smoker and has tried to stop
smoking a number of times. Su Ching blames her most
Answers: Jumbles—complaint, jurisdiction, stereotype. A
recent failed attempt to quit on stress. First, her
preconceived opinion based on a stereotype is prejudice.
employer refused to give her 10 days off to attend her
great aunt’s funeral in Hong Kong. Then, a superin-
tendent refused to rent her an apartment when he dis-
covered she is a smoker. Last week, she received a
letter from the university informing her that although
her qualifications were in order, enrolment for the next
semester was being restricted to recent high-school
graduates to provide opportunities for young people.
Did any of these stressful situations violate Su
Ching’s human rights? Explain.
Answer: Under the Canadian Human Rights Act, Su Ching
could claim that the superintendent violated her rights on
the grounds that her dependence on nicotine is a disabil-
ity. She could also claim that the university discriminated
against her because of her age. On the other hand, a great
aunt is not considered immediate family, and while the
employer could have shown some compassion, the com-
pany did not violate any rights. If Su Ching wanted to go to
Hong Kong for the funeral, she could have taken earned
vacation or an unpaid leave of absence.

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 127
 Solutions to Questions and Cases
Page 110
What Do You Think?
• When Chief Justice McLachlin says, “the task is
not complete,” she is suggesting that although
Canada has done a lot to promote diversity by
implementing various initiatives such as the Charter
of Rights and Freedoms and affirmative action pro-
grams, this is still not enough. Canadian society
must continue to use government and legal struc-
tures in a way that will allow all people in Canada
to live with dignity and to contribute to society to
the fullest extent possible.
• Students’ ideas will vary. In each case, ways of rec-
tifying these injustices may include writing to an
MP or a newspaper editor and organizing a petition
or a protest rally.
Page 113
Law in Your Life
Some facilities that students might be restricted from
because of age or gender include restricted movies,
adult-only video stores, bars and clubs where alcohol is
served, boy scouts (for girls), and girl guides (for boys).
It is doubtful that these restrictions would be chal-
lenged by human rights codes because it may be argued
that a reasonable rationale exists for each of them.
Page 114
Figure 5.2
The Justine Blainey situation provides another oppor-
tunity to show students how legislation changes with
the changing morals and values of society. In 1984,
when Blainey was barred from playing on the boy’s
hockey team, the Ontario Human Rights Code per-
mitted sexual discrimination in sports, so the Ontario
Hockey Association had actually done nothing wrong.
Blainey challenged this section of the Code as violat-
ing her equality rights under s. 15(1) of the Charter
because it allowed discrimination on the basis of her
sex. When the Ontario Court of Appeal agreed and
struck down s. 19(2) of the Ontario Human Rights
Code in 1986, the Ontario Hockey Association
128 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
appealed to the Supreme Court of Canada, which
upheld the appeal court’s decision. To explain the OHA
justification of its position, students might suggest that
girls were not considered as strong as boys; having girls
on the team might intimidate boys from playing aggres-
sively in case a girl got injured; and a mixed team would
necessitate having separate dressing rooms. Another
concern at the time was that if mixed teams were
allowed, the better female players would migrate to
the boys’ leagues, weakening the girls’ leagues.
Page 114
Is Forced Retirement
Discriminatory?
1. Norton believes that forcing people to retire at age
65 is wrong because it is a form of age discrimi-
nation.
2. This policy has had a disproportionate impact on
women because many women return to the work-
force after raising a family, missing out on many
years of pay, benefits, and pension contributions,
only to face a mandatory retirement policy that
further cuts short their careers.
3. a) Answers will vary. Some students may agree that
retirement at age 65 is discriminatory and should
be eliminated. The age of 65 is chosen arbi-
trarily; retirement should be implemented only
when people can no longer perform their work
effectively. Other students may feel that forced
retirement is justifiable because the policy pro-
vides job opportunities for younger employees.
b) The benefit of eliminating mandatory retire-
ment is that elderly people would be earning
an income, causing less stress on social services
and government pensions. Also, some people
thrive on continuing to work for as long as they
can; to many individuals, working and earning a
living provide a sense of self-worth.
The drawback of eliminating mandatory
retirement is that eventually a person’s skills
may deteriorate because of age and it may be
difficult for an employer to replace that person
with someone more qualified. Also, employee
 benefit packages may become more expensive
for the employer because elderly people often
require more medical care such as eye glasses,
hip replacements, hearing devices, and different
types of medication.
Page 115
Building Your Understanding
1. The Canadian Charter of Rights and Freedoms
protects Canadians from abuses by the government
or its agencies (such as the court system). Provincial
human rights codes protect citizens from discrim-
ination by other people or by private organizations.
2. a) Discrimination is making a distinction between
people and treating them differently on a basis
other than individual merit. Example: a preg-
nant woman is not hired because the employer
does not want to keep her position open dur-
ing maternity leave.
b) Stereotyping is having an oversimplified, stan-
dardized, or fixed judgment of a group of people.
Example: the statement that “all young people
are irresponsible.”
c) Prejudice is a preconceived opinion based on a
stereotype or inadequate information. Example:
a student believes that all shopkeepers are unfair
because one shopkeeper accused the student
of stealing.
3. The purpose of the Canadian Human Rights Act
is to prohibit discrimination on a number of
grounds including race, colour, ethnicity, religion,
and age. The Act applies to federal government
departments, Crown corporations, and businesses
and industries that are under the jurisdiction of
the federal government.
4. If the courts find that a provision of a provincial
human rights code violates the Charter, the pro-
vision could be struck down, or the province could
be forced to amend its human rights code so that
it does not violate the rights guaranteed to all
Canadians under the Charter.
5. The ripple effect of the decision in the Justine
Blainey case is that other athletic organizations
had to change their membership rules so that
membership was not denied because of gender.
Page 117
Figure 5.4
Discrimination is sometimes difficult to prove because
there are cases in which it is the complainant’s word
against the respondent’s, and the Commission may
find it difficult to know who is telling the truth.
Page 119
Case: Kanags Premakumar v. Air
Canada
1. This case was heard by the Canadian Human
Rights Commission because the respondent was an
airline, a business that is administered by the fed-
eral government.
2. The term “prima facie” refers to a case whose first
impression is legally convincing. It applies in this
case because Premakumar was able to make a
prima facie case that discrimination had taken
place when he was refused a job by Canadian
Airlines. The burden of proof was then on the air-
lines to show that its refusal to hire Premakumar
was not a discriminatory act, which it was unable
to do. As a result, Premakumar won his case.
3. These remedies appear adequate because
Premakumar did receive compensation, an apol-
ogy, and additional funds for pain and suffering.
However, some students may believe that
Premakumar should have been offered an oppor-
tunity to reapply for the position he was previously
denied.
Page 119
Building Your Understanding
1. The complainant is the person making an allegation
of discrimination, and the respondent is the person
or organization that the complainant accuses of
committing an act of discrimination. An example of
each would be the following: The complainant is a
CHAPTER 5 ◆ Human Rights 129
 teacher who, because of his or her sexual orienta-
tion, was not hired by the respondent, the school
board to which the teacher applied.
The government bodies involved in a human
rights complaint are
• the Human Rights Commission, which inves-
tigates and mediates human rights complaints
and has the authority to dismiss a complaint for
a number of reasons, including a lack of evi-
dence; and
• the Human Rights Board of Inquiry or Tribunal,
which adjudicates cases the Commission cannot
resolve; its decisions may be appealed and sent
to court for judicial review.
3. To establish a prima facie case of employment dis-
crimination, you must prove that
• you were qualified for the available position;
• you were not hired; and
• someone no better qualified than you but who
lacked your distinguishing feature (race, colour,
religion, etc.) was subsequently hired for the
job.
4. A human rights case can be dismissed when
• there is another act that can more appropriately
deal with the issues raised in the complaint;
• the complaint is trivial, frivolous, vexatious, or
made in bad faith;
• the complaint is not within the jurisdiction of
the Commission; or
• the complaint was filed more than six months
from the last incident of discrimination, and it
appears the delay was not incurred in good faith,
and there is evidence of substantial prejudice
to the parties because of the delay.
5. a) Avi should be moved back to his original job
and subjected to alcohol and drug testing that is
no more rigorous than what any other employee
would receive.
b) Fowzia should be told precisely why her job per-
formance does not meet her employer’s expec-
tations and be given a chance to improve within
a reasonable time frame. If her performance
does improve, then she should receive the
130 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
appropriate increase. In addition, she should
be given some financial compensation for the
pain and suffering she endured in a poisoned
work environment, and her employer should be
compelled to improve that environment. Again,
after a reasonable time frame, the employer
should report back to the Commission to show
that conditions have indeed improved.
c) Sam Nang should not only get her job back but
also receive compensation in the form of lost
wages and damages for her suffering, humilia-
tion, and inconvenience.
Page 121
Case: British Columbia (P.S.E.R.C.)
v. B.C.G.S.E.U.
1. Constructive discrimination takes place when
employment policies inadvertently exclude certain
individuals. In this case, the policy that resulted
in constructive discrimination was the aerobic stan-
dard that firefighters be able to run 2.5 kilometres
in 11 minutes. Because of physiological differ-
ences between men and women, many women
would not be able to meet this standard.
Bona fide occupational requirements are qual-
ifications that would normally be considered dis-
criminatory but are necessary for proper or efficient
job performance. In this case, the government had
failed to demonstrate that the aerobic standard
was a bona fide occupational requirement.
2. The Supreme Court’s ruling contradicted the Court
of Appeal’s decision that the aerobic standard was
necessary to ensure safe and efficient performance
and was not discriminatory as long as it was applied
throughout all individual testing.
3. The Supreme Court’s decision is significant because
it demonstrates that specific job standards must
indeed be bona fide occupational requirements.
The employer must be able to demonstrate why
its job standards are necessary to ensure safe and
efficient performance and that these standards
have not been arbitrarily set. Students should be
encouraged to support their opinions regarding
this ruling.
 Page 122
Figure 5.6
This practice may be considered discriminatory by a
human rights tribunal if it can be shown that the secu-
rity guard approached only teens in this manner and
only because they were teens, not because of any
behaviour on their part.
Page 123
Guided Case: Central Alberta Dairy
Pool v. Alberta Human Rights
Commission
1. The Central Alberta Dairy Pool could have ade-
quately dealt with Christie’s request for the day
off in one of two ways: either by explaining in writ-
ing why not working on the Monday in question
would create undue hardship for the employer
or by allowing him to trade shifts with another
employee.
2. The Central Alberta Dairy Pool might have suf-
fered undue hardship through Christie’s absence if
it was impossible to replace him with another
worker. With too few workers on a Monday, the
Pool might have suffered economic hardship if
some of the newly delivered milk spoiled before
it could be canned.
3. Student answers may vary, but the decision seems
reasonable in this case because the employer failed
to demonstrate that Christie’s absence would have
resulted in a substantial financial loss for the com-
pany.
Page 124
Case: Chartrand v. Vanderwell
Contractors Limited
1. Students’ flow charts should include the follow-
ing steps:
a) March 1998: Jean Chartrand goes to Vanderwell
with allegations of sexual harrassment against
Conrad. Chartrand asks to be transferred to
another shift.
b) Instead of transferring Chartrand, Vanderwell
speaks to Conrad, telling him that the “horse-
play” has to stop.
c) Chartrand seeks advice from the Alberta Human
Rights Commission and is advised to keep a
record of any further incidents.
d) August 1998: Chartrand finally quits her job
and files a sexual harassment complaint with
the Commission against Conrad.
e) Chartrand establishes a prima facie case against
Conrad for sexual harassment.
f) Vanderwell Contractors is unable to justify
Conrad’s behaviour.
g) The Commission rules that Chartrand had been
sexually harassed and orders the joint payment
of compensation by Conrad and Chartwell
Contractors.
2. The respondent could have a) responded to any and
all complaints (in this case, by changing Chartrand’s
shift so that she was not supervised by Conrad);
b) provided sensitivity training for employees;
c) and instituted a zero tolerance policy in regard
to sexual harassment.
3. Student answers will vary. Students may agree that
it is fair to hold an employer liable for the actions
of an employee because the employer has a duty to
ensure that the work environment it is providing to
its employees is safe and free of harassment.
Although some students may believe that only an
employee should be liable for his or her own behav-
iour, they should be aware that by law, employers
are responsible for ensuring that the conduct of
their employees does not constitute harassment.
Page 124
Consider This
Advice to a friend:
a) Speak to your co-workers and let them know this
type of behaviour is unacceptable.
b) Keep a record of any further incidents.
c) If the incidents continue, speak to your supervisor.
d) If the supervisor’s remedy is ineffective, contact
the Human Rights Commission and file a formal
complaint.
CHAPTER 5 ◆ Human Rights 131
 Page 125
Figure 5.7
According to the definition of sexual harassment, dis-
plays of sexually offensive pictures constitute sexual
harassment. Therefore, a pin-up of a scantily clad
model, whether male or female, posted in a conspicu-
ous location, would constitute sexual harassment. Such
a picture may be considered offensive and may make
many employees feel uncomfortable.
Page 125
A Poisoned Environment Causes
Pain
1. This situation constitutes a poisoned environment
because the negative behaviour of his colleagues
made Joe feel very uncomfortable. This behaviour
included frequent and hurtful comments about
Joe’s race, skin colour, and lunch. Over time, the
comments were supplemented by a series of prac-
tical jokes. Joe became depressed, and his work
began to suffer.
2. The fact that other workers also experienced the
same kind of behaviour does not make any differ-
ence to Joe’s claim or to the employer’s defence.
It is the employer’s responsibility to ensure that
the atmosphere at work is free of racist comments
and inappropriate behaviour. Also, the employer
must respond to any worker’s complaints about
such comments and behaviour.
Page 126
Case: Mattern v. Spruce Bay Resort
1. By presenting testimony describing step by step
what occurred on the day in question, Mattern
and Russell were able to establish a prima facie
case of discrimination because it immediately
appeared legally convincing that the Spruce Bay
Resort refused to rent them a campsite because
of their single status.
2. That the resort’s actions were “reasonable and jus-
tifiable based on sound business practices” means
that the resort had established a reputation as a
family campground and made money by provid-
132 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
ing an atmosphere suitable for family campers who
did not stay up late and make a lot of noise. This
ruling had a profound effect on the outcome of
the case because although the panel did find a
prima facie case of discrimination, it dismissed
the complaint.
3. Student answers will vary. Students who agree with
the Court’s ruling to uphold the panel’s decision
will likely explain that Spruce Bay Resort adver-
tised itself as a family campground, and Mattern
and Russell did not fit that description when they
attempted to rent a campsite. They were vague
about their plans—whether they would stay one
night or two—and about how many people would
be joining them later at the campsite. It did not
appear that the manager cared whether they were
married or not; rather, he was concerned that they
would stay up late and disturb the other guests.
Students who disagree with the Court’s ruling may
claim that the manager should not have assumed
that the group would make noise and disturb the
other guests simply because they were not a “fam-
ily.” They may feel that the resort’s actions were
not sufficiently reasonable and justifiable to have
the discrimination complaint dismissed.
Page 128
Law in Action: The Final Curtain
1. If Famous Players had argued undue hardship, i.e.,
that the cost of making the theatres wheelchair
accessible would affect the economic viability of
keeping the theatres operational, the Commission
might have decided on a compromise such as ren-
ovations to only one of the theatres. However,
Famous Players did not cite undue hardship in
this case; in fact, the company specifically said
that its ability to pay for the requested renovations
was not an issue. So it would appear that the con-
sideration of undue hardship was never an issue
in this case.
2. This was a bittersweet victory for people who use
wheelchairs. It was a triumph because the com-
plainants won their case before the Human Rights
Commission. However, the complainants did not
succeed in the real objective of their suit—to force
Famous Players to renovate the theatres to make
them wheelchair accessible. Instead, the company
chose to close these popular and historically
 significant theatres. It is possible that this situation
generated some ill will in the community, ill will
that was directed against both parties in the case.
Page 129
Case: Anderson v. YMCA
1. If services had been available for an extra fee to
women but not to men, this would have consti-
tuted discrimination based on sex, similar to what
had occurred at the Barrie YMCA against women.
2. If self-defence courses were offered to women only,
this would not be discriminatory. Offering such a
course could be justified by the fact that women in
general are not as strong as men and are more often
the target of sexual assaults. Such a course would
be designed specifically for women to give them
the knowledge and skills they need to protect
themselves.
Page 129
Building Your Understanding
1. a) A bona fide occupational requirement is a qual-
ification that would normally be considered
discriminatory but is necessary for proper or
efficient job performance. Examples include
having perfect eyesight for a pilot, being bilingual
for a government bureaucrat, and being able to
perform heavy lifting for a construction worker.
b) A bona fide occupational requirement is not
considered discriminatory because such a
requirement is essential to the job.
2. Hiring someone with equal or fewer qualifications
on the basis of affirmative action can be justified by
noting that a fair society owes a debt to groups
that have been socially disadvantaged. Affirmative
action allows certain groups to “catch up,” com-
pensating for missed opportunities in the past.
Society as a whole also benefits. For example, when
a police force hires an officer of Chinese descent
to serve the Chinese community, that officer might
be particularly effective because he or she shares
the same language and cultural background. The
officer could also serve as a role model for the
youth of that community.
3. Constructive discrimination consists of employ-
ment policies that inadvertently exclude certain
individuals, for example, when fire departments
have a minimum height requirement that effec-
tively excludes most women and many minority
groups. Direct discrimination is an overt act of dis-
crimination such as refusing service or employ-
ment to someone simply because of his or her
membership in a particular group. One example
is the former practice in some Canadian cities of
refusing to sell houses in certain districts to people
of a particular ethnic descent.
4. To “accommodate” means that an employer must
take reasonable measures to meet the special needs
of an employee, e.g., allowing someone to work an
alternative shift if that person requests a specific
day off for a religious observance.
5. To ensure that the conduct of employees does not
constitute harassment, an employer should respond
effectively to all legitimate complaints. This type of
response could include verbal or written warnings
to the employee. If the unacceptable conduct con-
tinues, the employee could be put on probation
or fired.
6. To prove undue hardship, these three factors are
considered: economic viability of an enterprise,
health, and safety.
7. If the employer can prove that accommodating the
special needs of an employee will threaten the
company’s economic viability or create a health or
safety risk, then the employer will not be held
responsible for accommodating the employee’s
special needs.
8. Facilities available in public schools to meet the
needs of students with disabilities include wheel-
chair-accessible classrooms, special education
programs, student withdrawal for extra help,
allowances for extra time to write exams, modified
assignments, additional written and oral assistance,
and exemption from some evaluation tools.
CHAPTER 5 ◆ Human Rights 133
 Looking Back
Pages 130–131
Quick Quiz
1. a) harassment; b) affirmative action; c) poisoned
environment; d) undue hardship; e) prima facie; f)
bona fide occupational requirement; g) construc-
tive discrimination; h) mediation; i) stereotyping;
j) discrimination.
Checking Your Knowledge
2. The rights of Canadians are protected at the fed-
eral or national level from abuses by the govern-
ment or its agencies through the Canadian Charter
of Rights and Freedoms. The Canadian Human
Rights Act (CHRA) protects the rights of Canadians
who deal with federal government departments,
Crown corporations, and businesses and indus-
tries that are under the jurisdiction of the federal
government. The Charter and the CHRA, how-
ever, do not provide legal protection for citizens if
they are discriminated against by other people or by
private organizations. Remedies for such acts are
found in the provincial human rights codes. All
provinces have enacted human rights codes that
are amended periodically and are subject to the
Charter.
3. Stereotyping is defined as having an oversimpli-
fied, standardized, or fixed judgment of a group of
people. Stereotyping leads to discrimination when
someone takes a characteristic of one member of
a group and applies it to all members of that group.
Prejudice is defined as a preconceived opinion
based on a stereotype or inadequate information.
Stereotyping and prejudice lead to discrimination
when fixed judgments or preconceived opinions
are translated into action, for example, refusing to
hire older people because “they have bad memo-
ries” or young males because “they are reckless
and irresponsible.”
4. The procedure for lodging and resolving a human
rights complaint:
134 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
• The complainant contacts the Human Rights
Commission and fills out a complaints form,
trying to show a prima facie case of discrimi-
nation.
• The Commission reviews the complaint and
either dismisses it or accepts it.
• If the Commission accepts the complaint, a
copy is sent to the respondent. The respondent’s
reply is sent to the complainant.
• At this point, the case is assessed for further
action: the complaint is dismissed, conciliation
occurs, or an investigation is held.
• If an investigation is held, the results are sum-
marized in a report. If the report indicates the
complaint is without merit, then the case is dis-
missed. If the report indicates the complaint
has merit, then settlement is attempted.
• If the complainant rejects a reasonable settle-
ment, then the file is closed. If settlement is
accepted, the file is also closed. If no settle-
ment can be reached, the case is reported to
the chief commissioner.
• The chief commissioner may then appoint a
human rights panel or tribunal to hear the case.
• If the complainant is not satisfied with the deci-
sion of the panel, the decision may be appealed
in a court of law.
5. Employers and landlords have a duty to consider
special needs. Buildings, programs, procedures,
and services must be designed to include all per-
sons equally and fully. Where it is impossible to
remove barriers without undue hardship, special
arrangements must be made so that persons with
disabilities can participate.
6. The concept of undue hardship applies to human
rights cases because the duty to accommodate may
be limited if employers, landlords, or service
providers can show they will suffer undue hard-
ship by implementing the accommodations.
Developing Your Thinking and
Inquiry Skills
7. a) See sample of a comparison organizer below in
Table TR 5.1.
b) Summary of sample organizer:
Both documents share similar rights and free-
doms. However, stylistically, the Declaration
tends to be more detailed than the Charter,
which means that the Charter can be interpreted
in a more flexible fashion since the sections are
less specific than the articles in the Declaration.
For instance, the Charter says only that people
have freedom of conscience and religion; the
Table TR 5.1: Sample Activity #7, Page 130
-3
Canadian Charter of Rights and Freedoms
Section 2: Everyone has the following fundamental
freedoms:
a) freedom of conscience and religion;
b) freedom of thought, belief, opinion and expression,
including the freedom of the press and other media of
communication.
c) freedom of peaceful assembly; and
d) freedom of association.
Section 6: Every citizen of Canada has the right to enter,
remain in, and leave Canada.
Section 7: Everyone has the right to life, liberty, and
security of the person, and the right not to be deprived
thereof except in accordance with the principles of
fundamental justice.
Section 12: Everyone has the right not to be subjected to
any cruel and unusual treatment or punishment.
Limitations
Section 1: The Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it subject
only to such reasonable limits as can be demonstrably
justified in a free and democratic society.
Declaration states that this freedom includes
the right to change one’s religion and to practise
it in an open fashion.
8. a) Yes, this was a case of discrimination because
the judge did not respect Rhany’s need to wear
the Kufi for religious reasons. The only factor
to consider in deciding the case is whether
Rhany’s religion does in fact dictate that he must
wear a head covering in public. If this is the
case, then he should be allowed access to the
courts equal to that enjoyed by any other citizen.
b) Yes, Lynn would have a case against the landlord
for discrimination on the basis of age. Lynn had
been awarded social assistance and had saved
Universal Declaration of Human Rights
Article 18: Everyone has the right to freedom of thought,
conscience, and religion; this right includes freedom to
change his religion or belief, and freedom, either alone or
in community with others and in public or private, to
manifest his religion or belief in teaching, practice,
worship, and observance.
Article 19: Everyone has the right to freedom of opinion
and expression; this right includes freedom to hold
opinions without interference and to seek, receive and
impart information and ideas through any media and
regardless of frontiers.
Article 20: Everyone has the freedom of peaceful assembly
and association.
Article 13(2): Everyone has the right to leave any country,
including his own, and to return to his country.
Article 3: Everyone has the right to life, liberty, and the
security of the person.
Article 5: No one shall be subjected to torture or to cruel,
inhuman, or degrading treatment or punishment.
Article 29(2): In the exercise of his rights and freedoms,
everyone shall be subject only to such limitations as are
determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others
and of meeting the just requirements of morality, public
order, and the general welfare in a democratic society.
CHAPTER 5 ◆ Human Rights 135
 money from a part-time job. She was able to
give the landlord a postdated cheque for the
first and last month’s rent. She appeared to be
responsible in the way she managed her affairs.
The landlord was not refusing to rent to her
based on an inability to pay rent, but solely on
the basis of her age.
9. a) Yes, Jane can seek a remedy under the Canadian
Human Rights Act because the Housing
Authority’s policy was not made pursuant to any
provision of the Indian Act.
b) No, Jane would not be able to seek a remedy
under the CHRA if the residency requirement
was made pursuant to a provision of the Indian
Act. Section 67 of the Canadian Human Rights
Act provides that nothing in the CHRA affects
any provision of the Indian Act or any provision
made under or pursuant to the Indian Act.
Page 131
Communicating Your Ideas
10. Sample letter may be assessed using Generic
Assessment Master G-6: Rubric: Letter to the
Editor. Assessment
COPY
Dear Editor:
I am writing this letter to comment on the decision
by Famous Players to close three of its older theatres
rather than make them accessible to people in
wheelchairs. I have been a Toronto resident for many
years and have enjoyed the experience of viewing
movies in the traditional venues that older theatres
provide. That being said, I am appalled that these
facilities are not accessible to people with physical
disabilities. People in wheelchairs are just as entitled
to go to the movies as able-bodied persons; that they
are not able to access traditional theatres is disgraceful.
I am outraged that Famous Players will close down
three of these historic sites rather than spend the
money to make them accessible for everyone in this
city. Torontonians have supported Famous Players for
many years. It is now time for Famous Players to give
something back. To demonstrate my anger at Famous
Players’ callous and uncaring attitude, I will boycott
all of their cinemas until they reverse this disgraceful
decision.
Signed,
Distressed Movie-Goer
136 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
11. Student work may be assessed using Generic
Assessment Master G-4: Checklist: Debate
Evaluation. Assessment
COPY
Affirmative Action:
• Those who oppose affirmative action believe
that these policies constitute reverse discrimi-
nation. Qualified people are overlooked, and
people who are poorly qualified for the position
are hired simply because they belong to a group
that was disadvantaged in the past. Students
arguing on this side of the debate should try to
provide examples of affirmative action policies
that produced negative results when poorly qual-
ified people were hired.
• Those who believe in affirmative action argue
that it is important that members of disadvan-
taged groups be hired for positions even though
they may lack certain qualifications. People
newly hired can train on the job and gain valu-
able work experience that would otherwise be
unavailable to them. Also, this policy offers
advantages to society as a whole, especially when
historically disadvantaged groups see people
from their communities in responsible positions.
Not only do these individuals provide positive
role models, they also foster a feeling of security;
people know they are dealing with someone who
will not be predisposed to discriminate against
them.
Students on both sides of the debate should try to
cite statistics to support their arguments.
Human Rights Legislation:
• Those who believe that human rights legisla-
tion is biased against employers would focus on
two points: expense and responsibility. The
financial burden of accommodating all the spe-
cial needs of every employee in the workforce
usually falls directly on the employer. If the gov-
ernment supports an employee’s complaint, then
the government should be willing to share in
whatever expense is involved in addressing that
complaint. In terms of responsibility, it seems
unreasonable to make the employer responsi-
ble for every action of every employee. If an
employee is found guilty of sexual harassment,
then the guilty employee should be entirely
responsible for any settlement involved, not the
employer.
 • Those who believe that human rights legisla-
tion is not biased against employers would argue
that the expense and responsibility involved are
part of the price of doing business. Making the
work environment both accessible and free of
discrimination has benefits for the employer as
well as society. Employees who work in an
accessible and bias-free environment are usually
more productive than those who work in a poi-
soned environment. Productivity is key to the
employer’s profitability. An initial investment in
renovating the workplace to meet the special
needs of employees will pay dividends for years
to come. Also, the employer should be held
responsible for the unacceptable actions of
biased or prejudiced employees. If the employer
does not take decisive action to curb unac-
ceptable conduct, it may seem that the employer
is condoning or encouraging such conduct.
Students on either side of the debate should try
to illustrate their arguments with human rights
cases that have been referred to the courts.
Page 131
Putting It All Together
12. Responses will vary depending on the cases stu-
dents find in newspapers or magazines. Remind
students that human rights cases often inspire
newspaper editorials and letters to the editor, which
are a good source of information and ideas. In their
reports, students should clearly state the argu-
ments on both sides of the case and then explain
and support their own positions. Student work may
be assessed using Generic Assessment Master
G-7: Rubric: Oral Presentation. COPYAssessment
Page 132
Cases
Teaching Suggestions: Each of the cases on pages
132–133 of the student text and the Additional Cases
provided on pages 143–144 of this resource could be
analyzed by a group of students (six cases with approx-
imately four or five students in a group) and presented
to the class using the following outline:
a) Relevant facts (human rights complaint, people
involved, and damages/injuries) in your own words
b) Possible remedies
c) Answers to the questions
d) Criteria applied to reaching a judgment
Student work can be assessed using Generic
Assessment Master G-3: Rubric: Case Analysis and
Generic Assessment Master G-10: Rubric: Case
Presentation. Assessment
COPY
Case: Luschnat v. Kotyk
1. Luschnat could claim discrimination on the basis
of sex and disability because her disability was the
result of her pregnancy. Instead of accommodating
Luschnat’s need to sit down periodically during
her shift, Kotyk told her not to return to work until
she felt better. It would not have involved undue
hardship on Kotyk’s part to allow Luschnat to sit
down from time to time over the course of her
pregnancy.
2. The steps involved in resolving this case:
• Luschnat files her complaint with the B.C.
Human Rights Commission.
• The Commission reviews the complaint and
decides there is a prima facie case of discrimi-
nation on the basis of sex and disability.
• The Commission sends a copy of Luschnat’s
complaint to Kotyk and then a copy of Kotyk’s
response to Luschnat.
• The Commission attempts conciliation between
the two parties. When conciliation fails, the
Commission begins an investigation.
• The results of the investigation are summarized
in a report. The report indicates that Kotyk is
at fault.
• The Commission decides on the appropriate
settlement.
• Kotyk pays Luschnat $2352 for lost wages and
$2500 for injury to her dignity, feelings, and
self-respect.
Case: Jeppesen v. Ancaster (Town of)
1. Factors to consider in determining the outcome:
• Jeppesen’s work history (he had performed his
duties with distinction for almost 10 years)
CHAPTER 5 ◆ Human Rights 137
 • whether Jeppesen had a disability under the
Human Rights Code (the Board ruled that he
had a disability)
• whether the department’s job qualifications were
discriminatory or bona fide occupational require-
ments (the Board ruled that the qualifications
were discriminatory)
• whether accommodating Jeppesen would cause
the department undue hardship (since there
were enough ambulance drivers on staff without
including Jeppesen, it did not appear that undue
hardship was an issue)
2. Jeppesen should be hired back as a full-time fire-
fighter. He should be compensated in full and with
interest for lost wages. He should also receive some
compensation for the mental anguish involved in
being fired and in having to pursue his human
rights complaint.
Page 133
Case: Toronto Mayor’s Committee on
Community and Race Relations v.
Ernst Zundel
1. It was important to determine whether Internet
communications operate telephonically because
telephone systems fall under the legislative author-
ity of Parliament. This means that Web sites on
the Internet are subject to the provisions of the
Canadian Human Rights Act.
2. This case demonstrated the relationship between
the Charter and human rights laws because it
showed that s. 13(1) of the CHRA is a reasonable
limitation to an individual person’s rights under
ss. 2(a), 2(b), and 7 of the Charter.
138 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
3. Students who agree that s. 13(1) of the CHRA
should be considered a reasonable limit on Zundel’s
Charter rights would argue that a person’s right to
freedom of expression cannot be taken so far as
to expose an entire race to hatred and contempt.
Zundel’s repeated expression of racist views helped
to foster a climate of hatred and disrespect toward
Jews as a group and as individuals. Such a climate
encourages prejudice and can even incite some
people to commit acts of violence against mem-
bers of the targeted group. Since Zundel used a
federally controlled means of communication to
spread his views, since those views exposed people
to contempt on the basis of their race, and since
the CHRA does not infringe on a person’s rights
under the Charter, Zundel was clearly guilty of a
human rights violation and worthy of some form
of sanction.
Students who do not think s. 13(1) of the
Canadian Human Rights Act was a “reasonable
limit” of Zundel’s rights under the Charter might
argue that such reasons were not important enough
to justify overriding them. Zundel’s messages were
only words, and there was no proof that they
injured anyone. Also, Zundel has the right to
express his opinions and beliefs. They might also
argue that ordering him to remove his messages
and to stop sending such material in the future
was too severe a limitation, given that there were
only two complaints and no proof of harm.
Students arguing for either position should refer
to the four criteria for “reasonable limits” in R. v.
Oakes (see page 85).
4. The Commission could either fine or jail Zundel
until he agrees to remove his offensive and illegal
material from the Internet.
Solutions to Additional Cases
Pages 143–144 of this teacher resource
Additional Case: Singh Multani v.
Marguerite-Bourgeois School Board
1. The court seems to have established a proper bal-
ance between an individual’s right to freedom of
religion and the public’s right to safe schools. Singh
can now wear his ceremonial dagger to school, but
the dagger will be secured in such a fashion that it
will not pose a threat to public safety.
2. Although fear of violence in schools is under-
standable, the parent-teacher committee seems to
have overreacted in this instance. In delivering its
decision, the Court noted there was no record of a
single violent incident involving a kirpan in Quebec
schools. On the other hand, the Quebec Solicitor
General’s office had a zero tolerance policy for
weapons in schools, and this policy included kir-
pans. So a case could be made on either side, and
a compromise seems to have been the most rea-
sonable way to resolve these differences.
Additional Case: Trinity Western
University v. British Columbia
College of Teachers
1. The Court ruled in favour of Trinity Western
University because the school’s teachers and stu-
dents were entitled to adhere to their own reli-
gious beliefs. There was no evidence to indicate
that teachers graduating from the school would
discriminate against homosexuals in the public
school system.
2. The Supreme Court drew a distinction between
a person’s religious beliefs and a person’s conduct.
As long as there was no concrete evidence that
the program at TWU incited its graduates to dis-
criminate against homosexuals, then there was no
reason to deny the school full control over that
program. If, however, a teacher who had gradu-
ated from TWU actively discriminated against
homosexuals when he or she began teaching in
the public school system, then that teacher could
be disciplined by the BCCT.
Additional Case: Saskatchewan
Human Rights Commission v. St.
Paul Lutheran Home of Melville
1. The main issue in this case was whether Davison
could prove that her obesity fell under the cate-
gory of a disability as defined in s. 2(d.1) of the
Saskatchewan Human Rights Code. In the end she
could not, and this was the reason her claim of
discrimination was rejected by the Board of Inquiry
and by the courts.
2. The Court of Appeal stipulated that its decision
was case specific. In other words, just because the
Court rejected Davison’s appeal did not mean that
other claims of discrimination on the ground of
obesity would not succeed in the future. But for
such a claim to succeed, either the provincial
Human Rights Code would have to be amended to
include obesity as a specific ground of discrimi-
nation, or the complainant would have to prove to
the Court’s satisfaction that obesity itself is an ill-
ness or that the complainant’s obesity was caused
by an illness.
3. Student answers will vary. However, students must
support their answers with facts from the case and
not fall back on emotional responses to what they
may perceive as cruelty on the part of the Court in
its dismissal of Davison’s complaint. Some stu-
dents may agree with the Court’s decision in this
case because Davison could not prove that her
obesity qualified as a disability under the Human
Rights Code. Although she was overweight, her
obesity was not in itself an illness or caused by an
illness (e.g., a side effect of medication). Also, the
position she applied for required a certain level of
physical fitness to safely manage the well-being of
her patients.
Students taking the opposite position may argue
that human rights codes are designed to protect
disadvantaged people from discrimination. It is
undeniable that obese people are the object of
prejudice and discrimination in society and are
often the target of teasing and insults. If the Code
does not protect obese people from the same type
of discrimination that people belonging to racial
minorities once suffered, then the courts should
CHAPTER 5 ◆ Human Rights 139
 declare the Code unconstitutional, and the provin-
cial legislature should amend it. Also, no one ever
established that Davison was incapable of carry-
ing out the duties associated with patient care.
Her application was rejected before she had a
Extension Activities
Activity 1
Legal Repertoire
Purpose
This exercise is intended to reinforce student under-
standing of terms and concepts associated with human
rights.
Resources
• BLM 5-1: Developing Your Human Rights
Repertoire Legal Inquiry
COPY
Teaching Strategies
a) Review with students the importance of under-
standing legal terms. Encourage them to review
the marginal notes in the text to ensure they under-
stand the concepts discussed in the chapter.
b) Have students complete the vocabulary exercise
provided in BLM 5-1: Developing Your Human
Rights Repertoire as they read through the chapter.
Activity 2
Interview
Purpose
This activity will allow students to gain a broader aware-
ness of human rights by investigating equity policies
among businesses and organizations within their own
community.
Resources
• a copy of the school’s (or school board’s) equity
policy
140 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
chance to prove her abilities. Such unsubstanti-
ated rejection is in itself proof of discrimination.
Davison was never given a fair chance, so it is up
to the courts to correct this injustice.
• Generic Assessment Master G-13: Rubric:
Interview Assessment
COPY
• Generic Assessment Master G-7: Rubric: Oral
Presentation Assessment
COPY
Teaching Strategies
a) Refer to your school’s equity policy as an example
to initiate discussion about the assignment.
b) Instruct students to choose a business or organi-
zation in the local community where they will inter-
view key people about the organization’s equity
policy. Have students formulate a few appropriate
questions. Jot their responses on the board (e.g.,
When did this policy come into place? Why did
your organization feel it was necessary to imple-
ment such a policy? How often is the policy re-
assessed for effectiveness?)
c) After the interviews have been conducted, ask stu-
dents to write a 500-word report summarizing what
they have learned about the organization and its
equity policies. Students may then present their
reports orally to the class. Student work can be
assessed using Generic Assessment Master G-13:
Rubric: Interview and Generic Assessment Master
G-7: Rubric: Oral Presentation. Assessment
COPY
Activity 3
Human Rights Role Play
Purpose
The purpose of this activity is to reinforce critical think-
ing, organizing, and problem-solving skills by examin-
ing recent human rights violations through a role-play
format.
Resources
• current newspapers and news magazines
• Generic Assessment Master G-15: Rubric: Role
Play Activity Assessment
COPY
Teaching Strategies
a) Discuss the complaint process as it is outlined in
Figure 5.3 on page 116 of the text.
b) Review key vocabulary, such as respondent, com-
plainant, conciliation, etc., to ensure that students
understand the terminology involved in the com-
plaint process.
c) Choose a sample human rights case (perhaps from
the Additional Cases on pages 143–144 of this
teacher resource). With the students, use the case
to identify different steps in the complaint process.
d) Divide the class into small groups of four or five
students. Have each group select a human rights
case from a body of current events research. Group
members should then prepare and present a formal,
true-to-life role play of their case. Each scenario
should include a complainant, a respondent, medi-
ators or commissioners, and any other players who
were directly involved in the case.
Student work can be assessed using Generic
Assessment Master G-15: Rubric: Role Play Activity.
COPY Assessment
Activity 4
Social Activism
Purpose
Students will engage in a class project involving the
school and the broader community. The project will
not only promote social awareness of global human
rights issues but may also work toward helping to rem-
edy one or more of the problems that exist.
Resources
• Once the students have decided on the activity
and organization they wish to support, they must
find appropriate resources and literature. For exam-
ple, the class may wish to organize a fundraiser in
the form of a bake sale or barbecue. Pamphlets
and other literature may be obtained from whatever
organization the students choose to support.
• Generic Assessment Master G-1: Rubric: Group
Work Assessment
COPY
Teaching Strategies
a) Discuss what it means to have rights, and point
out that along with rights come responsibilities.
b) Ask students to describe activist groups they have
seen in the news working on behalf of a social or
political cause. What did group members do well?
What could they have done to be more effective in
getting their message across?
c) Inform the students that they will be doing some
research (e.g., on the Internet) and choosing a
human rights cause for which they can become
responsible social activists. Examples of human
rights causes are available through Amnesty
International, Greenpeace, or Kids Can Free the
Children (created by Ontario students).
d) Allow the students time to organize the type of activ-
ity they wish to pursue, keeping in mind that every-
one in the class must play a part. Examples could
include drives to collect food, clothing, or school
supplies; bake sales, rummage sales, or putting on
a play to raise money for the chosen cause; inviting
guest speakers or becoming guest speakers them-
selves; organizing letter-writing campaigns, peti-
tions, or referendums.
e) Once the activity is over, allow students time to
reflect on their efforts and results and to assess
their own group work. Each student’s performance
in the group can be assessed using Generic
Assessment Master G-1: Rubric: Group Work.
COPY Assessment
Activity 5
Creating a Political Cartoon
Purpose
This activity will allow students to gain a broader aware-
ness of human rights and to apply this awareness by
creating a political cartoon that comments on a recent
human rights violation.
CHAPTER 5 ◆ Human Rights 141
Resources
• recent issues of newspapers or news magazines
• BLM 5-2: Political Cartoon Page COPY Legal Inquiry
Teaching Strategies
a) Collect several political cartoons on human rights
issues from a variety of sources. Distribute copies
in class.
b) Engage the class in a discussion of what makes
the sample cartoons compelling and successful.
What characteristics do the best cartoons have in
common?
c) Ask students to research recent human rights viola-
tions in current newspapers and magazine. Choosing
one case, each student should then draw a political
cartoon about this case using the Political Cartoon
Page in BLM 5-2. As an alternative, students may
wish to arrange their cartoons as a collage.
Additional Resources
Books
The Law Student’s Workbench, Spetz Publishing Ltd.,
630 Graceland Avenue, Kingston ON K7M 7P7, Tel:
(613) 389-7176 or e-mail sgspetz@kos.net.
Contains 104 pages of questions, including true-
false, multiple choice, short answer, and case questions.
Reproduction rights are granted to the purchasing school.
United Nations. Human Rights: The International Bill
of Human Rights. New York: United Nations, 1988.
United Nations. Rights and Freedoms: Universal
Declaration of Human Rights. New York: United
Nations, 1983.
Watt, Jennifer, Ivor Sinfield, and Charles Hawkes.
Civics Today. Toronto: Irwin Publishing, 2000.
This resource provides an easy-to-read account of
the history of human rights in Canada. It also includes
copies of the Universal Declaration of Human Rights
and The Convention on the Rights of the Child.
Magazines
Just In Time. I.P.I. Publishing Ltd.
A journal that discusses current issues in Canadian
142 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
Activity 6
Examining Current Human
Rights Issues
Purpose
This activity will allow students to gain a broader
awareness of human rights issues and apply this aware-
ness by examining current human rights violations.
Resources
• recent newspapers or news magazines
• BLM 5-3: Organizer for Human Rights Issues
COPY Legal Inquiry
Teaching Strategies
1. Ask students to research recent human rights vio-
lations in current newspapers and magazines.
2. Each student should choose three human rights
violations and fill out BLM 5-3: Organizer for
Human Rights Issues.
Law. Easy to read, it provides a clear understanding
of some of the major developments in Canadian law.
Other Resources
• Canadian Civil Liberties Association. 394 Bloor
Street West, Suite 200, Toronto, Ontario M5S 1X4;
tel: 416-363-0321; fax: 416-861-1291. The
Canadian Civil Liberties Education Trust
(CCLET) is a charitable research and educational
organization affiliated with the Canadian Civil
Liberties Association. CCLET performs important
research on civil liberties issues. It also publishes a
newsletter and other materials as part of its public
education program. CCLET provides speakers for a
wide variety of public venues, including schools.
• CBC News in Review. CBC Educational Sales.
Provides investigative reports on Canadian issues
with an accompanying teacher’s guide.
• Newspapers are an excellent resource for human
rights cases. Check frequently for current cases.
• Inviting a lawyer, a Crown attorney, or a judge to
speak about the Charter of Rights and Freedoms is
a rewarding and popular activity.
 Additional Cases
Singh Multani v. Marguerite-
Bourgeois School Board (2002),
Q.C.C.S. 500-05-071462-020
Gurbaj Singh, 12, was a Sikh and a student at Ste-
Catherine Labouré in Montreal. He was suspended
from school and told he would not be allowed back
unless he substituted a plastic knife or similar replica
for the kirpan, a ceremonial dagger that male adher-
ents of the Sikh faith are required to carry at all times.
Singh’s family had negotiated a compromise solution
with the school administration that would have allowed
Singh to wear the dagger to school as long as it was
not visible. This solution was overruled by a parent-
teacher committee at the school.
Singh’s family brought the matter to the Quebec
Superior Court, asking the court to make a formal dec-
laration that the boy had the right, under the Quebec
Charter of Rights and Liberties and the Canadian
Charter of Rights and Freedoms, to wear the kirpan to
school. After considering presentations from counsel for
the family and for the school board and from the office
of the Solicitor General of Quebec, the Court ruled
that Singh could wear the kirpan to school if the fol-
lowing conditions were met:
• He had to carry the kirpan under his clothes so it
could not be seen.
• The sheath of the kirpan had to be made of wood
instead of metal, and it had to be blunt, not sharp.
• The kirpan had to be securely wrapped in its sheath
so that it could not be removed without great effort.
• School officials had to be able to check, in a rea-
sonable fashion, to ensure that the above condi-
tions were met.
If Singh failed to meet any of these conditions,
then he would lose the right to carry the kirpan in
school.
1. Do you think the court’s ruling establishes a rea-
sonable balance between a person’s right to free-
dom of religion and the public’s right to a safe
environment at school?
2. Do you believe it was right for the parent-teacher
committee to overrule the compromise solution
that had been worked out between Singh’s family
and the school administration? Why or why not?
© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school.
Trinity Western University v. British
Columbia College of Teachers,
[2001] 1 S.C.R. 772
Trinity Western University (TWU) is a private school
associated with the Evangelical Free Church of
Canada. It established a five-year teacher training pro-
gram, the first four years of which were spent at TWU
and the fifth year at Simon Fraser University (SFU).
TWU applied to the British Columbia College of
Teachers (BCCT) to assume full responsibility for all
five years of the program. One of the reasons for this
application was that TWU wanted to have the entire
program reflect the school’s Christian world view.
Teachers and students at the school had to sign a con-
tract in which they agreed not to disobey the teach-
ings of the Bible. Practices considered unacceptable
included lying, swearing, viewing pornography, adul-
tery, pre-marital sex, drunkenness, and homosexuality.
The BCCT refused to approve TWU’s application
because the school’s program appeared to discriminate
against homosexuals. TWU asked for judicial review,
and the case was appealed through the B.C. court sys-
tem to the Supreme Court of Canada. The Supreme
Court ruled that the BCCT was wrong to deny TWU
full control over its teacher training program. In its
decision, the Court drew a distinction between belief
and conduct, noting that the freedom to hold beliefs is
broader than the freedom to act on them. There was no
evidence to indicate that the program at TWU fos-
tered discrimination against homosexuals in the pub-
lic schools of British Columbia. Therefore, the freedom
of the students and teachers at TWU to adhere to their
religious beliefs should be respected. Acting on those
beliefs is a different matter. If a teacher from TWU
actually engaged in discriminatory conduct against
homosexuals while teaching in the public system, then
the BCCT would be within its rights to bring discipli-
nary proceedings against that teacher.
1. Why did the Court rule in favour of Trinity Western
University in this case?
2. Explain the legal distinction that the Supreme
Court drew to justify its decision in this case.
143
 Additional Cases
Saskatchewan Human Rights
Commission v. St. Paul Lutheran
Home of Melville (1993), Sask. C.A.
CA93157
Davison applied for a job as a nurse’s aide at the St.
Paul Lutheran Home. Mang, the director for care at
the Home, refused to consider Davison for the job on
the grounds that she was obese. (At the time, Davison
was of average height and weighed about 148 kilo-
grams.) Davison then filed a complaint with the
Saskatchewan Human Rights Commission alleging
that Mang had violated s. 16(1) of the provincial
Human Rights Code, which forbids an employer to
refuse employment to anyone because of a disability. In
s. 2(d.1), the Code defines disability as “any degree of
physical disability . . . that is caused by bodily injury,
birth defect, or illness. . . .”
The Human Rights Commission found there was
a prima facie case of discrimination and brought the
matter before a Board of Inquiry. The Board observed
that there were three elements of the alleged wrong
that had to be proven to establish that an illegal act of
discrimination had occurred:
1) that Mang and the Home had discriminated against
Davison;
2) that they had done so because of Davison’s real or
perceived physical disability; and
144 © Pearson Education Canada 2003. LAW IN ACTION.
3) that this physical disability was the result of “injury,
birth defect, or illness.”
The Board accepted that the first two elements
had been established but not the third. Davison and the
Commission had not proven that her obesity was the
result of injury, birth defect, or illness; therefore, her
obesity was not a prohibited ground of discrimination
under the Code. Davison’s complaint was dismissed.
Davison and the Commission appealed the Board’s
decision to the Saskatchewan Court of Queen’s Bench
and then to the Court of Appeal. Both courts dismissed
the appeal, finding that the Board of Inquiry had ruled
correctly. The Court of Appeal, however, noted that
its decision was case specific. It was not ruling out the
possibility that a case of discrimination on the grounds
of obesity could succeed, but only if it was established
that obesity itself was an illness or that the obesity in
question was the result of an illness. Neither of these
qualifications had been established in Davison’s case.
1. Explain briefly the main issue in this case.
2. How will the Court of Appeal’s decision in this
case affect other people who face discriminatory
hiring practices based on obesity?
3. Do you agree or disagree with this decision?
Explain.
The right to reproduce this page is restricted to the purchasing school.
 BLM 5-1

DEVELOPING YOUR HUMAN RIGHTS REPERTOIRE

Name: Date:

As you read Chapter 5, fill out the following chart, defining each term and providing an example. Answers have
been provided for the first term on the list.

Term
-3 or Concept Definition Example
Stereotyping Having an oversimplified, All teenage males are reckless drivers.
standardized, or fixed judgment of a
group of people.

Discrimination

Prejudice

Complainant

Prima facie

Gravamen

Respondent

Mediation

Constructive discrimination

Harassment

Poisoned environment

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 145
 BLM 5-2

POLITICAL CARTOON PAGE

Name: Date:

Investigate a current human rights concern and draw a political cartoon that comments on this issue or event.

146 © Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school.
 BLM 5-3

ORGANIZER FOR HUMAN RIGHTS ISSUES

Name: Date:

Brief overview of current human rights issue:

Complainant: Respondent:

Possible remedies:

Brief overview of current human rights issue:

Complainant: Respondent:

Possible remedies:

Brief overview of current human rights issue:

Complainant: Respondent:

Possible remedies:

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 147
 Issue Anti-Terrorist Legislation
Page 135 Looking at the Issue
1. Some students may believe that overall safety from
terrorist activities is more important than individual
rights and that the protection offered by the sunset
provisions is sufficient to prevent flagrant abuses.
Other students may argue that individual rights are
more important than safety and that because the
clause applies only to selected provisions and
because it can be extended beyond the five-year
limit, it simply pays lip service to protecting civil
rights.
Table 1: Comparison of Anti-Terrorist Legislation
-3 Canada
Legislation Bill C-36, December 18, 2001:
• amends statutes such as the
Criminal Code, Canada Evidence
Act, and Proceeds of Crime Act to
include regulations regarding
terrorist activity
Definition of • any activity taken for political,
terrorist activity ideological, or religious purposes
that threatens public or national
security by causing serious bodily
harm, endangering life, causing
risk to the public’s health or safety,
or causing severe property damage
Limitations • excludes activity that might be
viewed as legitimate protest, e.g.,
strikes, advocacy, or
demonstrations
Highlights • extends police powers to investi-
gate, wiretap, and prosecute
suspects
• allows storage of terrorists’ DNA
samples
• permits seizure of property used
to harbour or assist terrorists
• allows law enforcement and other
government agencies to share
more information
• increases police powers to investi-
gate charitable organizations
suspected of terrorist links
Penalties • up to 14 years for those who facil-
itate terrorist acts
• up to life for those who instruct
others to commit terrorist acts
Sunset Clause • 5 years
148 UNIT 2 ◆ Rights, Freedoms, and Responsibilities
2. A comparison of anti-terrorist laws for Canada,
the United States, and Great Britain are shown in
Table 1 below.
3. Student editorials can be evaluated using Generic
Assessment Master G-9: Rubric: Assessing an
Editorial. Assessment
COPY
Additional Resources
Internet
To examine copies of the U.S. and British legislation,
visit http://jurist.law.pitt.edu and www.hmso.gov.uk/acts.
United States Great Britain
Patriot Act, October 25, 2001: The Terrorism Act (2000), c.11:
• includes over 300 clauses from • includes 131 clauses ranging
strengthening criminal laws to from changing immigration laws to
increasing police surveillance permitting the forfeiture of assets
powers, border protection, and of anyone involved in terrorist
authority of immigration officers activity
• similar to Canada’s definition; • intimidation with the use of
includes such activities as violence, damage to public
computer hacking or damaging property, or endangering life or
computers public safety for the purpose of
advancing political, religious, or
ideological causes
• ensures that certain minority • reminds law enforcement officials
groups are not specifically to consider rights under the
targeted and are not the victims of Human Rights Act
racial profiling
• allows police to monitor electronic • extends police powers to arrest
devices of those believed to be without warrant and hold for 24
engaged in terrorist activity hours anyone suspected of
• reduces restrictions on wiretaps terrorist activity
and allows police access to e-mail • allows police to arrest anyone for
accounts and information being a member of a terrorist
• permits immigration authorities to organization, for addressing a
detain indefinitely any immigrant meeting related to terrorism, or for
suspected of committing acts of wearing an item of clothing or
terrorism; can also detail and displaying any sign that indicates
deport suspected terrorists or membership in a terrorist
those who support terrorism organization
• allows authorities to confiscate all • permits the seizure of property
assets of terrorist organizations and cash of anyone suspected of
• permits the prosecution of those terrorist activity
who assist terrorists
• includes 40 new criminal offences
involving computers
• similar to Canadian law; range • up to life imprisonment
extends up to life imprisonment
• 5 years • none specified