Monday, December 19, 2005

Canadian Human Rights Act - Application to First Nations in Canada Part 1

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The Human Rights Act is a Federal Law, which has application to all First Nations in Canada, that are not exempt from s. 67 of the Indian Act, for employment and service issues.

Everyone is protected by the Canadian Human Rights Act in dealings with the following employers and service providers:

1. Federal departments, agencies and Crown corporations

2. Canada Post

3. Chartered Banks

4. National Airlines

5. Interprovincial communications and telephone companies

6. Interprovincial transportation companies

7. Other federally regulated industries, such as certain mining operations

8. First Nations employers (for employment and service issues that are not exempt undersection 67 of the Act).

All provinces and territories have similar laws forbidding discrimination in their areas of jurisdiction.

Grounds for Action

Under the Canadian Human Rights Act, it is against the law for any employer or service provider that falls within federal jurisdiction to make unlawful distinctions based on the following prohibited grounds:

1. Race

2. National or ethnic origin

3. Colour

4. Religion

5. Age

6. Sex (including pregnancy and childbirth)

7. Sexual orientation

8. Marital status

9. Family status

10. Mental or physical disability (including previous or present drug or alcohol dependence)

11. Pardoned conviction

Discriminatory Acts

The Canadian Human Rights Act deals with discriminatory behaviour in its various forms:

1. Differential treatment of an individual or a group of individuals based on a prohibited ground

2. All forms of harassment

3. Systemic discrimination — a seemingly neutral policy or practice which in fact is discriminatory retaliation.

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