Quick facts about human rights complaints in the area of publications and notices
Albertans have a right to make complaints, and the Commission has a duty to resolve these complaints
. The Alberta Human Rights Act was proclaimed by the Alberta legislature in 1996. The Act established the Alberta Human Rights Commission as an independent body of the Government of Alberta.
. The Act protects Albertans from discrimination on grounds such as race, colour, gender, disability, and religious belief, and in areas such as employment, services, tenancy, and publications and notices.
. The Act gives Albertans the right to make human rights complaints that fall within these protected areas and grounds.
. The Act also gives the Commission the statutory duty and authority to resolve complaints of discrimination that fall within these protected areas and grounds.
. See Quick Facts about Commission complaint resolution processes for more information.
The Act protects Albertans from discrimination in publications and notices
. The publications and notices section of the Act is section 3.
. Section 3(1) states:
3(1) No person shall publish, issue or display or
cause to be published, issued or displayed
before the public any statement, publication,
notice, sign, symbol, emblem or other
representation that
(a) indicates discrimination or an intention
to discriminate against a person or a class or
persons, or
(b) is likely to expose a person or a class of
persons to hatred or contempt
because of the race, religious beliefs, colour,
gender, physical disability, mental disability, age,
ancestry, place of origin, marital status, source of
income, family status or sexual orientation of that person or class of
persons.
The Act also upholds the right to free expression of opinion
. Because freedom of speech is one of the foundations of our Canadian way of life and a fundamental freedom listed in the Charter of Rights and Freedoms, the Act also upholds Albertans' right to free expression of opinion. Section 3(2) states:
3(2) Nothing in this section shall be deemed to
interfere with the free expression of opinion on
any subject.
One percent of the human rights complaints name the area of publications and notices
. For example, in 2006-07, the Commission opened 659 human rights complaints.
. The most common area named in these complaints was employment practices (section 7 of the Act). This area was named in 545 (83%) of the complaints opened in this period.
. The next most commonly named area was goods and services (section 4 of the Act). This section was named in 81 (12%) of the complaints opened in this period.
. The publications and notices area (section 3) of the Act was named in 6 (1%) of the complaints opened in this period.
The Commission has a duty to resolve human rights complaints in the area of publications and notices
. When a human rights complaint is made in the area of publications and notices, the Commission has the statutory duty of balancing Albertans' right to be free from discrimination in publications due to race, colour, religious belief and the other protected grounds with Albertans' right to free expression of opinion.
. The Commission follows the same complaint resolution processes for complaints in the area of publications as for complaints made in the other areas such as employment, services and tenancy. See Quick Facts about Commission complaint resolution processes for more information.
The Commission is guided by the Act and by court decisions
. The Commission is guided by the Act and by court decisions in determining what constitutes a contravention of the Act in the area of publications and notices.
. In addition, Section 31 (formerly section 27) of the Act allows a human rights tribunal to submit questions of law to the Court of Queen's Bench and ask for the Court's opinion to assist them in making their decision.
. The human rights panel* assigned to hear a complaint made by Harvey Kane and the Jewish Defence League of Canada against Alberta Report submitted five questions to the Court. Justice Rooke provided an important opinion that is used by the Commission in analyzing complaints in the area of publications and notices. See Kane v. Alberta Report, 2001, ABQB 570 for the Court's opinion.
. See the following three decisions for examples of how human rights panels have applied the opinion in Kane v. Alberta Report. Each decision also includes information on the other court cases considered by the decision maker.
Harvey Kane and The Jewish Defence League v. The Silver Bullet
Quintin Johnson v. Music World Ltd.
Darren Lund v. Stephen Boissoin and the Concerned Christians Coalition
For more information
. For more information about Commission processes and activities see the Annual Review or visit the Commission's website.
*Effective October 1, 2010 human rights panels are called human rights tribunals.
Revised: March 16, 2010
Due to confidentiality concerns, the Commission cannot reply
to complaints of discrimination using the Internet.
Please contact the Commission by telephone or regular mail
if you have a specific complaint.
The Commission will make publications available in accessible multiple formats upon request. Multiple formats provide access for people with disabilities who do not read conventional print.
