Annotated Human Rights Code
FOREWORD
One of the responsibilities given to the Human Rights Commission by the Human Rights Code is "to distribute information and develop and conduct education programs and research designed to eliminate discriminatory practices." The Commission is of the opinion that one of the ways we can carry out this task is to make people more aware of the actual provisions of the Human Rights Code so they can understand how it protects them, individually, and how it safeguards the rights of all people of the province.The Human Rights Code, as it is written, is not the easiest document to understand. By virtue of its creation, it is a legal document, phrased in legal language. The Commission decided that a clear, concise version of the Code, with explanations of each provision in plain, simple language would go a long way toward assisting people to be more aware of their rights and the rights of others.
This annotated version of the Human Rights Code is designed to help people be better able to adapt the provisions of the Code to everyday situations: in the workplace, in dealings with others, in the provision of services and accommodations, in all aspects of our individual lives. It is hoped that all residents of Newfoundland and Labrador will use this document for their own protection and to ensure the rights of others.
E. Jane House
Chair
Human Rights Commission
INTRODUCTION
December 10, 1998 marks the fiftieth anniversary of the Universal Declaration of Human Rights. This document outlines fundamental truths about human freedoms, dignity and rights. The theme for the document is set in Article One which states:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act toward one another in a spirit of brotherhood.
The Universal Declaration of Human Rights does not outline ways in which the principles stated therein are to be recognized. In Canada one of the ways in which the federal and provincial governments give effect to the fundamental freedoms contained in the Declaration is the passage of human rights legislation. In Newfoundland the first version of the Human Rights Code (the "Code") was introduced in the House of Assembly on May 8, 1969 and came into force in March 1971.
In 1997 the Human Rights Commission (the "Commission") undertook a review of the Code to determine whether it was current with respect to the state of human rights legislation throughout Canada and having regard for the interests of the people the Code serves. To that end the Commission held public hearings on December 9 and 10, 1996 and received twenty written submissions on how the Code should be amended. The Commission reviewed all recommendations for Code amendments, requisitioned background research papers from Commission staff and released its report on the Code amendments on December 10, 1997.
During the Commission’s public consultation process it became clear that the Code serves two, often conflicting, purposes. First, the Code is a legal document which is applied and interpreted by boards of inquiry and courts. Many of the provisions of the Code get amplified or modified during this process. The second purpose of the Code is as a primary source of information for citizens for information about their rights. This second educational purpose is sometimes difficult to realize because the provisions of the Code have been so extensively reviewed by boards of inquiry and courts. To help achieve a more comprehensive understanding by all those who read the Code, the Commission undertook the preparation of this document.
Each section of the Code is reproduced below. Under each section is a brief synopsis which expands upon what the section means. Following the synopsis are, when possible, a number of annotations which summarize or highlight legal decisions which comment upon the section. There is attached an Annotated Glossary which discusses certain human rights concepts. Newfoundland boards of inquiry and court decisions which are relevant are included. As well, Supreme Court of Canada decisions and decisions from boards of inquiry and courts in other jurisdictions are also included to help illustrate the meaning of the various Code provisions.
It is hoped that the primary access to the Annotated Code will be through the Commission’s website. Hard copies of this document will be published in a loose leaf format. This approach will permit the Commission staff to easily update this document on an ongoing basis. This first version of the Annotated Code is thus merely the first layer of a document which will expand in terms of scope and depth as further Code amendments take place and board of inquiry and court decisions are rendered.
The Commission invites comments and constructive criticism from those who use this document so as to better understand how to modify it to respond to the needs and demands of those users.
DISCLAIMER
While the Commission has taken all reasonable steps to ensure the accuracy of the information contained in this document, it makes no representations or warranties concerning same. Further, readers should not view the material contained herein as legal advice.
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Table of Contents
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Sec. 1. Short Title
6. Right of the public to services
7. Right to occupy commercial and dwelling units
8. Harassment of occupant prohibited
9. Discrimination in employment
10. Discrimination re: attachment of wages, etc.
11. Equal pay for same or similar work
12. Harassment in establishment prohibited
13. Sexual solicitation prohibited
14. Discriminatory publications
24. Reference to board of inquiry
27. Procedure and powers of board
31. Privileged information and protection from prosecution
34. Complaint to Provincial Court
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