Commission overview | |
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Type | Independent human rights commission |
Headquarters | 800 - 10405 Jasper Ave NW, Edmonton, AB T5J 4R7 620 - 7 Ave SW Calgary, AB T2P 0Y8 |
Motto | Fostering equality and reducing discrimination |
Annual budget | $6.918 m CAD (2023) [1] |
Minister responsible | |
Commission executive |
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Key document | |
Website | albertahumanrights |
The Alberta Human Rights Commission (AHRC) is a quasi-judicial human rights commission in Alberta, Canada, created by the provincial government.
The Commission was established under and tasked with administering the Alberta Human Rights Act (AHRA). Its mandate is to reduce discrimination in Alberta "through the resolution and settlement of complaints of discrimination, and through human rights tribunal and court hearings." In relation to complaint resolution and settlement, the primary purpose of the tribunals is adjudicative. [2]
It is headed by the Chief of the Commission and Tribunals, who is tasked with informing Alberta's Minister of Justice of human rights issues, as well as providing guidance to Commission members regarding such functions as their tribunal hearings, and to the Commission director regarding the overall objective of the Commission. Both the Chief and Commission members are appointed by Order in Council. [2]
The AHRC differs from the Canadian Human Rights Commission (CHRC), which deals with complaints relating to treatment by the federal government or a federally-regulated business. [3]
The functions of the Commission are laid out in the Alberta Human Rights Act. [4] In particular, section 16(1) states that the function of the Commission is: [4]
(a) to forward the principle that all persons are equal in dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,
(b) to promote awareness and appreciation of and respect for the multicultural heritage of Alberta society,
(c) to promote an environment in which all Albertans can participate in and contribute to the cultural, social, economic and political life of Alberta,
(d) to encourage all sectors of Alberta society to provide equality of opportunity,
(e) to research, develop and conduct educational programs designed to eliminate discriminatory practices related to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation,
(f) to promote an understanding of, acceptance of an compliance with this Act,
(g) to encourage and coordinate both public and private human rights programs and activities, and
(h) to advise the Minister on matters related to this Act.
The Commission is headed by the Chief of the Commission and Tribunals, who is tasked with informing Alberta's Minister of Justice of human rights issues, as well as providing guidance to Members of the Commission regarding such functions as their tribunal hearings, and to the Director of the Commission regarding the overall objective of the Commission. [2] Section 15 of the Alberta Human Rights Act provides that the Chief and members of the Commission are appointed by the Lieutenant Governor in Council. [2] [5]
The current Chief of the Commission and Tribunals is Kathryn Oviatt, K.C., who was appointed in November 2022. [6] Prior to October 2009, the position was simply referred to as the Chief Commissioner. Previous chiefs include: [7]
As of October 2023 [update] , Members of the Commission are: [6]
The Alberta Human Rights Commission established an Indigenous Advisory Circle in August 2021 to assist the Commission with the implementation of its Indigenous Human Rights Strategy. The Circle provides advice and guidance on best practices, community engagement, and priority actions.
The Circle is composed of 12 Indigenous individuals from across the province. Members are chosen through an open competition process. In selecting Circle members, the Commission strives to include people with diverse experience and expertise (including women, 2SLGBTQ+ individuals, and persons with disabilities) from multiple cultural backgrounds. The Commission also strives to ensure the Circle includes both urban and rural perspectives.
The quasi-judicial Tribunal office is the independent adjudicative arm of the Alberta Human Rights Commission. Members of the Commission (who serve on human rights tribunals) are neither employees of the Government of Alberta or the Commission; they are private citizens appointed by the Lieutenant Governor in Council. [9]
Since 1999, Ladislav Mihaly, who trained as an engineer in Czechoslovakia in the 1970s, has sought accreditation as an engineer in Alberta, but the Association of Professional Engineers and Geoscientists of Alberta (APEGA) said that he did not meet its requirements. He refused to submit to any of the technical examinations but did take a required ethics examination—and failed it, twice. Almost a quarter of Alberta's engineers are immigrants who submitted to the same examinations that Mihaly refused or failed. In 2008, he took his case to the Alberta Human Rights Commission, which ruled in February 2014 that APEGA must pay Mihaly $10,000, provide him with a personal mentor and form a committee to re-evaluate his credentials. [10] APEGA successfully appealed the decision. [11]
On July 18, 2002, Dr. Darren Lund, a professor at the University of Calgary, filed a complaint with the Alberta Human Rights Commission against Reverend Stephen Boissoin and the Concerned Christian Coalition.
Boisson had letter published in the Red Deer Advocate that stated, "Where homosexuality flourishes, all manner of wickedness abounds" and "Homosexual rights activists and those that defend them, are just as immoral as the pedophiles, drug dealers and pimps that plague our communities." [12] Lund's complaint alleged that Boisson's letter constituted discrimination on the basis of sexual orientation, as prohibited by Alberta's Human Rights, Citizenship and Multiculturalism Act. [13]
A one-member Alberta Human Rights Panel accepted Lund's arguments that the letter was "likely to expose homosexuals to hatred and/or contempt." The Canadian Civil Liberties Association intervened in the case, condemning the views expressed in the letter but arguing they should not be subject to legal sanction.
On May 30, 2008, the Alberta Human Rights Panel ordered Boissoin and the Concerned Christian Coalition to refrain from publishing future disparaging remarks about homosexuals and provide Lund with a written apology and in $5,000 damages. [14]
On December 3, 2009, the Court of Queen's Bench of Alberta overturned the decision of the Alberta Human Rights Panel. The Court found that the contents of the letter did not violate the Alberta Human Rights Act, and that the remedies that had been imposed were either unlawful or unconstitutional. The Court also identified "troubling aspects of the process leading to the decision of the Panel," including the inclusion of the Concerned Christian Coalition as a respondent. [12] In October 2012, the Court of Appeal of Alberta upheld the decision and agreed with the lower court that Boissoin's letter was "a polemic on a matter of public interest and does not qualify as reaching the extreme limits... to expose persons to hatred or contempt," within the meaning of the Alberta Human Rights Act. [15] [16]
Federal
BC
Ontario
Quebec
Other
Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender. Canada was ranked third in Asher & Lyric's Global Trans Rights Index in 2023.
Ezra Isaac Levant is a Canadian media personality, political activist, writer, broadcaster, and former lawyer. Levant is the founder and former publisher of the conservative magazine, The Western Standard. He is also the co-founder, owner, and CEO of the far-right media website Rebel News. Levant has also worked as a columnist for Sun Media, and he hosted a daily program on the Sun News Network from the channel's inception in 2011 until its demise in 2015.
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. The code is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario.
Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity, in private between consenting adults, was decriminalized in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada became the fourth country in the world, and the first in the Americas to legalize same-sex marriage. In 2022, Canada was the third country in the world, and the first in North America, to fully ban conversion therapy nationwide for both minors and adults.
The Canadian Human Rights Commission (CHRC) was established in 1977 by the Government of Canada. It is empowered under the Canadian Human Rights Act to investigate and to try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. The CHRC is also empowered under the Employment Equity Act to ensure that federally-regulated employers provide equal opportunities for four designated groups: women, Aboriginal people, the disabled, and visible minorities. The Commission helps enforce those human rights and inform the general public and employers of those rights.
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales. It took over the responsibilities of the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission. The EHRC also has responsibility for other aspects of equality law: age, sexual orientation and religion or belief. A national human rights institution, it seeks to promote and protect human rights throughout Great Britain.
Human rights complaints against Maclean's magazine were filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with the Canadian Human Rights Commission, the British Columbia Human Rights Tribunal and the Ontario Human Rights Commission. Maclean's magazine was accused of publishing eighteen Islamophobic articles between January 2005 and July 2007. The articles in question included a column by Mark Steyn titled "The Future Belongs to Islam", an excerpt from a book written by Steyn.
The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under British Columbia's Human Rights Code. It is responsible for "accepting, screening, mediating and adjudicating human rights complaints."
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of skin colour, ethnicity, national origin or race. Some jurisdictions also give redress when a person is victimised on account of religion, disability, gender identity, HIV/AIDS status or sexual orientation.
Lund v Boissoin is a court case in Alberta, Canada based on a June 2002 a letter to the editor from Reverend Stephen Boissoin published in the Red Deer Advocate on the subject of homosexuality. Dr. Darren Lund made a complaint about the letter to the Alberta Human Rights and Citizenship Commission. In 2008, a human rights panel ruled that the letter was "likely to expose homosexuals to hatred and/or contempt," ordering Boissoin to apologize to Lund and pay $5,000 in damages. Boissoin appealed to the Court of Queen's Bench of Alberta. In 2009, the Court of Queen's Bench overturned the Panel's ruling. In 2012, the Court of Appeal of Alberta upheld the Queen's Bench decision.
The Human Rights Tribunal of Ontario is an administrative tribunal in Ontario, Canada that hears and determines applications brought under the Ontario Human Rights Code, the provincial statute that sets out human or civil rights in Ontario prohibiting discrimination on the basis of a number of grounds in certain social areas. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario. Any person who believes they have been discriminated against under the Human Rights Code may bring an application to the Tribunal.
The Saskatchewan Human Rights Commission is a body within the Government of Saskatchewan whose mission is "To promote and protect the individual dignity, fundamental freedoms and equal rights of Saskatchewan citizens." It enforces the Saskatchewan Human Rights Code.
The "comparator group" is an element that has been used in Canadian jurisprudence to analyze statutory human rights complaints and claims pursuant to section 15 of the Canadian Charter of Rights and Freedoms. Section 15 guarantees equality rights and the right to be free from discrimination on certain enumerated grounds.
The Human Rights Tribunal of Quebec is a specialized first-instance tribunal of the province of Quebec, Canada, that has the jurisdiction to hear and judge litigations concerning discrimination and harassment based on the prohibited grounds stipulated in the Charter of Human Rights and Freedoms, as well as concerning the exploitation of elderly or handicapped persons and affirmative action programs.
Jessica Simpson, commonly known by her former legal name, Jessica Yaniv, is a Canadian transgender activist in British Columbia who is best known for filing at least 15 complaints of discrimination on the basis of gender identity against various beauty salons after they refused to wax her male genitalia. The complaints were filed with the British Columbia Human Rights Tribunal in 2018 and 2019. It was the first major case of alleged transgender discrimination in retail in Canada. In 2019, the Tribunal rejected her complaints and ruled Yaniv had racist motives. In following years, Yaniv has gone on to make additional complaints of discrimination, libel and privacy breach.