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Canadian Human Rights Act
The Canadian Human Rights Tribunal was created by Parliament in 1977.
The Tribunal has a statutory mandate to apply the Canadian Human Rights
Act based on the evidence
presented and on the case law. If one of the parties involved does not
agree with the Tribunal's decision, an appeal may be filed at the
Federal Court of Canada.
The Canadian Human Rights Commission is the first point
of contact for registering a formal complaint under the
Canadian Human Rights Act. The Tribunal can only
deal with cases which have been referred to it by the Commission.
Since the CHRT functions like a court it must remain impartial.
It cannot take sides in discrimination cases or make any
decision without a formal investigation and referral by
the CHRC.
The Tribunal's jurisdiction covers matters that come within
the legislative authority of the Parliament of Canada, including
federal government departments and agencies and Crown corporations,
as well as banks, airlines and other federally regulated
employers and providers of goods, services, facilities and
accommodation.
The Act prohibits discrimination on the following grounds:
- race
- national or ethnic origin
- colour
- religion
- age
- sex (includes pay equity, harassment (applies to all
prohibited grounds, not just sex), pregnancy and childbirth)
- marital status
- family status
- sexual orientation
- disability (can be mental/physical, includes disfigurement,
past or present, alcohol or drug dependence)
- conviction for which a pardon has been granted.
Employment Equity Act
In 1996, Parliament proclaimed the Employment
Equity Act. The Tribunal's responsibilities were expanded
to include the adjudication of complaints under the Act,
which applies to employers with more than 100 employees.
This Act stipulates that the CHRT also operate as the Employment
Equity Review Tribunal. Review tribunals are assembled as
needed from the members of the Canadian Human Rights Tribunal.
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