THE
HUMAN RIGHTS CODE
OUR PROVINCIAL LAW
AGAINST DISCRIMINATION
- Questions and Answers -
GOVERNMENT OF
NEWFOUNDLAND AND LABRADOR
What is the Human Rights Code?
The Newfoundland Human Rights Code was passed by the Newfoundland Legislature in 1969. The Code, which is part of the law of Newfoundland, was proclaimed fully in force on September 1, 1971. It has been amended several times since in order to improve protections.
Why is there a Human Rights Code?
The Legislature of Newfoundland believes implicitly in the Universal Declaration of Human Rights as proclaimed by the United Nations. To reaffirm the Legislature’s faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, the Code was made law. The provisions of the Code allow for the regulation of all matters concerning human rights that fall within the competence of the legislature.
What is the effect of The Human Rights Code?
In the areas of accommodation, services, occupancy of dwelling units, employment and publications, the Code prohibits discrimination on the basis of race, religion, religious creed, sex, marital status, physical disability, mental disability, political opinion, sexual orientation, colour or ethnic, national or social origin. Age is also a protected area in employment. However, it should be noted that a bona fide occupational qualification may be a significant factor in the consideration of a particular situation.
The Code prohibits harassment of a person who is an occupant of a commercial unit or dwelling unit because of race, religion, sex, marital status, physical disability, mental disability, etc. Harassment, on the same basis, is also prohibited in a place of business.
The Code prohibits a person who is in a position to confer, grant of deny a benefit or advancement from engaging in sexual solicitation or sexual advance where the person making the advance knows or ought reasonably to know that it is unwelcome. A complaint may be filed against a co-worker where a supervisor has been advised of the matter.
What are Special Programs?
The Commission may approve programs, generally referred to as affirmative action programs, that are designed to prevent, reduce or eliminate disadvantages that may be suffered by any group of individuals where the disadvantages are related to a protected heading under the Code. When approved, the program would not be in violation of the Code.
What is The Newfoundland Human Rights Commission?
The appointment of the Commission is provided for in the Code. There are presently five commissioners plus other administrative staff who bring wide-ranging training and experience to this sensitive field. The commissioners have both a specific and general responsibility. The specific responsibility is to administer and enforce the Code whilst the general responsibility is to be concerned with promoting, through education, an awareness of human rights that will lessen discrimination.
How can a Person obtain Information about Discrimination?
Contact the office of the Human Rights Commission by letter, phone or personal visit.
When should a Complaint of Discrimination be made?
When a person believes that he or she has been discriminated against contrary to the provision of the Code, then the complaint should be made as quickly as possible and in writing. A complaint must be made within six months after the last incident of the alleged contravention.
Will the Commission charge a Fee for its Service?
No. A complaint will be considered and investigated without cost by an officer of the Commission. The Human Rights Commission is a public service agency.
How is a Complaint dealt with by the Commission?
An officer of the Commission will discuss the complaint and request a full written statement giving full details of the alleged discriminatory act. The person accused of being discriminatory will be contacted and made fully aware of the facts of the matter. If the officer concludes that there has been discrimination, contrary to the provisions of the Code, then an attempt will be Made to settle the matter by agreement between the parties. The settlement must be approved by the Commission.
If the attempt to settle the matter by Agreement fails what happens then?
The Chief Adjudicator, on the request of the Chairperson, shall appoint a Board of Inquiry. The Board of Inquiry will be a formal hearing at the end of which it will issue an order or decision, in writing, along with a written statement of the reasons for the order or decision. There is right to appeal an order or decision of a Board of Inquiry by the way of application to the Trial Division.
What happens at the Hearing or Inquiry?
The parties to the matter are given a full opportunity to present their position. The Board of Inquiry has wide-ranging powers to compel persons to appear before it and to obtain such information and documents as it considers necessary.
Can the Human Rights Commission assist a Complainant at an Inquiry?
Yes. The Commission shall have carriage of the complaint.
Can a Person withdraw a Complaint after making it to the Commission?
Yes. The Commission may discontinue a matter at the request of the complainant.
Are Complainants protected?
Under the provisions of the Code, persons who make complaints and who give evidence are protected against certain retaliatory actions and covered under Section 15 of the Code. FOR FURTHER INFORMATION CONTACT:
Gladys Vivian, Executive Director
The Newfoundland Human Rights Commission
P. O. Box 8700
St. John’s, Newfoundland
A1B 4J6