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October 2006
Research report prepared by Wesley K. Wark.

The September 11 terrorist attacks in the United States gave rise to a new security environment. Canada, like other nations, has been forced to consider the language of domestic and international security and to worry about the extent to which new realities might alter norms enshrined in the Charter of Human Rights and the Canadian Human Rights Act. This report examines the nature of the national security responses that have occurred in Canada since 2001 and explores some of the human rights implications of these responses. It is a systematic survey that identifies key problems and challenges in the post-9/11 security environment. The objective is to identify current and potential points of friction between national security practices and human rights protection.

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Accommodation for Environmental Sensitivities: Legal Perspective

May 2007
Research report prepared by Cara Wilkie and David Baker.

Environmental sensitivities are a group of poorly understood medical conditions that cause people to react adversely to environmental triggers. This report establishes, from a human rights standpoint, the legal status of issues related to environmental sensitivities. The researchers examined case law, consulted experts and examined secondary sources on accommodation of people with environmental sensitivities in Canada, the United States, Australia, New Zealand and the United Kingdom. The report answers several questions including: What is the status of the case law in these jurisdictions? Do building codes act as barriers to people with environmental sensitivities? What best practices emerge from the case law? How are conflicting interests reconciled? How can third parties be involved in the accommodation process? Where is the threshold of undue hardship? How are conflicts regarding accommodation preferences resolved?

See also: Policy on Environmental Sensitivities

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The Medical Perspective on Environmental Sensitivities

May 2007
Research report prepared by Margaret E. Sears.

Approximately 3% of Canadians have been diagnosed with environmental sensitivities, and many more are somewhat sensitive to traces of chemicals and/or electromagnetic phenomena in the environment. People experience neurological and numerous other symptoms, and avoidance of triggers is an essential step to regaining health. This report summarizes scientific information about environmental sensitivities. It addresses issues such as the definition and prevalence of environmental sensitivities; recognition by medical authorities; education and training within the medical community; origins, triggers and symptoms of sensitivities; impact of environmental sensitivities in the workplace; government policies and standards for building codes, air quality and ventilation as they affect individuals with environmental sensitivities; and guidelines for accommodation within the workplace.

See also: Policy on Environmental Sensitivities

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October 2006
Research report prepared by Marie-Claude Chartier.

In many complaints to the Canadian Human Rights Commission, a dispute arose between employer and employee when the employee returned to work after a prolonged absence such as sick leave, a workplace accident or maternity leave. Management of a return to work poses many challenges for the parties involved – a fragile balance must be maintained between the management rights of the employer and the employee’s rights to equality, privacy, dignity and physical integrity. This report describes how matters stand in relation to employees returning to work after a prolonged absence. The issues raised in the research may be used to develop guidelines for employers to facilitate efficient management of absences that respects the fundamental rights of employees.

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The Canadian Human Rights Commission receives many complaints based on disputes regarding the transition back to work after a prolonged employee absence. The Commission is committed to helping employers manage these cases so that employees can return to work safely, quickly and efficiently. This booklet of guidelines has been developed to support managers and supervisors in handling return-to-work situations. It includes an outline of key legal principles that apply to return-to-work situations, step-by-step procedures to guide the case management approach, and a series of case studies that demonstrate how to deal with different hypothetical scenarios.

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April 2006
Research report prepared by Wenona Victor.

This paper examines several common challenges in Indigenous and Western paradigms including issues of power, cultural differences, language barriers and the effects and impacts of colonialism. It examines differing worldviews in relation to dispute settlement and conceptualizes the Indigenous paradigms and Western paradigms based upon these worldview differences. By so doing, this paper adds to the literature that distinguishes between Indigenous paradigms of dispute resolution and the "indigenization" of Western paradigms. In particular, it informs ADR theorists and practitioners of ways in which Indigenous and Western ADR paradigms may work cooperatively together while simultaneously protecting and respecting worldview and cultural differences.

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2007 (coming soon)
Research report prepared by Annette Nierobisz, Mark Searl and Charles Théroux.

Why is Canada one of only five countries to recognize same-sex marriage? We answer this question by examining the role played by the Canadian Human Rights Commission. Our case study is informed by Commission annual reports, speeches by past Chief Commissioners, Commission presentations before parliamentary Committees and examination of 447 sexual orientation complaints decided by the Commission. Results show that from the beginning the Commission had a simple and consistent message: sexual orientation should not be the basis for denying people employment, services, or benefits. Using a variety of strategies, the Commission first translated this message into the Canadian Human Rights Act, by facilitating the designation of sexual orientation as a prohibited ground of discrimination. This enabled the CHRC to promote other initiatives including modification of employment benefits policies to recognize same-sex couples and legal recognition of same-sex marriage.