Stop Racism: Your Rights as a Manitoban
What Is Racism?
Racism is any restriction or preference based on race, colour or
descent. Racial discrimination prevents people from participating
equally and fully in our society. It hurts and humiliates its
victims. It can even deny some members of society their basic human
rights. It takes many different forms, and can occur with social,
political, economic, cultural and other activities.
What Can I Do About Racism?
If you are a victim of racism, or witness an incident of racial
discrimination, you have the power to do something about it. You have
legal rights and protection under various laws, such as the Charter
of Rights and Freedoms, the Manitoba Human Rights Code, and the
Canadian Human Rights Act. Whether you are a victim or a witness, the
first thing to do is point out that you find the racism offensive.
Explain how and why it offends you, and ask that it stop.
In some situations, pointing out the offensiveness of racist
behaviour may not help. If the discrimination occurs where you work,
or at a store, a restaurant or other service establishment, inform
the manager, supervisor or the person in charge. If the person in
charge is the discriminator or harasser, you can file a complaint
with the Human Rights Commission or the police.
Tell other reliable people what has occurred. Document the time and
circumstances of the incident. This evidence will be helpful if you
later have to prove your complaint.
Is Racism Against the Law?
According to the law, hatred is prohibited if it is directed against
an "identifiable group". An "identifiable group" is any section of
the public distinguished by colour, race, religion or ethnic origin.
The law cannot stop people from having racist thoughts or opinions.
However, the law prohibits people from acting on these opinions if
the action violates the Criminal Code of Canada or other laws such as
the Human Rights Code.
Should I Notify the Police?
If you are a victim of criminal behaviour motivated by racism, notify
the police immediately. Examples of criminal behaviour include
threats, harassment, assault and damage to property.
You should also contact the police if you witness any individual or
group promoting hatred, racial discrimination or genocide.
The police will investigate your complaint and lay a charge if they
believe a crime was committed. If the police lay a charge, the
accused person(s) will be prosecuted in criminal court. You may be
asked to be a witness in court.
A prosecution in criminal court can result in substantial penalties
for offenders, including restitution for property damage suffered by
the victim. However, these penalties do not include compensation to
victims for the pain and suffering they experience. To recover
damages for pain and suffering, you must hire a lawyer and sue the
offender in civil court.
If you encounter hate literature distributed through the mail, you
should contact Canada Post. If you become aware of such literature
being imported into Canada, notify Canada Customs immediately.
Can the Charter Help?
The Charter of Rights and Freedoms protects Canadians by ensuring
government laws and policies do not discriminate. However, the
Charter does not stop racial discrimination by individuals or groups.
Can the Human Rights Commission Help?
There are two sets of human rights codes: the Canadian Human Rights Act and the Manitoba Human Rights Code.
The Manitoba Human Rights Commission administers the Manitoba Human Rights Code, a provincial law. The Canadian Human
Rights Commission administers the Canadian Human Rights Act, a federal law. Both of these laws ensure equal access
to activities and opportunities. Sometimes the Canadian code applies while other times the Manitoba code applies. To
find out which one applies to your complaint, contact either Commission.
The Human Rights Code applies to:
- employment;
- accommodation and housing;
- the public provision of goods, services and facilities; and
- public signs, symbols, advertisements and messages.
Under the Manitoba Human Rights Code, employers, business owners,
landlords and others are allowed to make necessary distinctions based
on individual merit or consideration. However, these distinctions
cannot be based on race, colour, ancestry, nationality or religion.
How Do I File a Human Rights Complaint?
There is no charge to file a complaint with either the Manitoba or
Canadian Human Rights Commission.
After you file a human rights complaint, the appropriate commission
will investigate the complaint and try to resolve the situation.
The commission may also request a hearing to decide if the complaint is valid.
An adjudicator presides over the hearing, which is open to the
public. The adjudicator decides if there is enough evidence to
support the complaint. He or she makes this decision independently,
without the involvement of the commission.
If the adjudicator decides that the respondent (i.e., the accused
person) has violated the Human Rights Code, he or she has the power
to order a payment (i.e., compensation) for the victim or may issue
an order that requires compliance with the Human Rights Code. For
example, a respondent may be ordered to repay a victim's lost wages,
provide denied housing or change a discriminatory hiring practice. An
adjudicator may also order that affirmative action or other special
programs be put into place.
To file a complaint, or for more information about human rights laws, contact:
Manitoba Human Rights Commission
7th Floor, 175 Hargrave Street
Winnipeg, MB R3C 3R8
Phone: (204) 945-3007
1-888-884-8681
Fax: (204) 945-1292
Web Site: http://www.gov.mb.ca/hrc
Canadian Human Rights Commission
750 – 175 Hargrave Street
Winnipeg, MB R3C 3R8
Phone: (204) 983-2189
Web Site: http://www.chrc-ccdp.ca
For more information on Criminal Code offenses and how to file a police complaint, contact:
City of Winnipeg Police Department
Major Crimes Unit
151 Princess Street
P.O. Box 1680
Winnipeg, MB R3C 2Z7
Phone: (204) 986-6219
If you live outside Winnipeg, contact your local RCMP detachment.
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