Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Legislative developments. The Committee notes with interest that section 67 of the Canadian Human Rights Act, which had limited the access of First Nations peoples to the protection of the Canadian Human Rights Act, was repealed in June 2008. The Committee also notes that the Canadian Human Rights Commission has begun an outreach strategy to raise awareness of First Nations peoples regarding the Act and to prepare for its implementation. The Committee notes further that a comprehensive review of the effects of the repeal will take place in five years. The Committee requests the Government to provide information on the effect in practice of the repeal of section 67 and the awareness raising undertaken on the right of First Nations peoples to non-discrimination in employment and occupation.

Discrimination on the grounds of political opinion and social origin. With reference to its previous comments requesting the Government to include political opinion and social origin as prohibited grounds of discrimination in the Canadian Human Rights Act, the Committee notes the Government’s reply that more consultation and analysis needs to be carried out with respect to these grounds before deciding on amendments to the Act. The Committee recalls that an independent review panel established in 1999 had recommended that “social condition” be added as a prohibited ground of discrimination, which the Government considers to be broader than social origin, and had also recommended that consideration be given to the need for the ground of political belief to also be included. The Committee also notes from the 2007 annual report of the Canadian Human Rights Commission that “the visible rise of social inequalities in Canada has sparked renewed debate over whether ‘social condition’ should be added as the 12th prohibited ground of discrimination”. The report goes on to state that the Commission began research in 2007 to better understand the larger social and institutional implications of such an amendment.

With respect to the provinces and territories, the Committee notes with regret that no reply has been provided to its previous request for information regarding the absence of “social origin” as a prohibited ground of discrimination under the Human Rights Act (Nunavut), nor to its comment regarding the need to amend the Prince Edward Island Human Rights Act to include “social origin” as a prohibited ground of discrimination. The Committee also notes that the Manitoba Human Rights Commission has recommended that the Manitoba Human Rights Code be amended to add “social disadvantage” as a protected ground.

Recalling the importance of prohibiting discrimination on all the grounds enumerated in the Convention, the Committee urges the Government to take the necessary measures to amend the Canadian Human Rights Act to include the grounds of political opinion and social origin. The Committee also requests the Government to provide information on the process of consultation and analysis being undertaken in this respect. The Committee also requests the Government to take steps to have social origin included as a prohibited ground of discrimination in the provinces and territories, and to report on progress made in this regard.

The Committee is raising other points in a request addressed directly to the Government.