Alberta Human Rights Information Service December 10, 2003

International Human Rights Day

In this issue:

Commission news

Notable court and tribunal decisions from other jurisdictions

Alberta Community Development diversity news

Other human rights and diversity news:

Related Websites

Commission news

December 10th is International Human Rights Day. December 10, 1948, was the day on which the Universal Declaration of Human Rights was signed by member nations of the United Nations. A Canadian, John Humphrey, was the prime author of the Declaration. The members of the UN hoped that the horrors of the recently ended war could be avoided if a universal code of human rights governed the behaviour of individuals and countries.

In a news release, Charlach Mackintosh, Chief Commissioner of the Alberta Human Rights and Citizenship Commission said, "International Human Rights Day is a reminder to reflect on what human rights mean to us personally and to ensure that our province is one where human rights are respected and protected." Reflecting on the work of the Commission, the chief commissioner says, "Promoting fairness and access for all people to participate fully in the social, economic and cultural life of our province will continue to be our focus."

The Commission's Human Rights Day Kit offers ideas on how to celebrate Human Rights Day and how to plan educational activities related to human rights.

In recognition of National Child Day on November 20, 2003, the Alberta Human Rights and Citizenship Commission has updated the annotated bibliography Exploring Human Rights with Children and Teens. Internationally recognized, November 20 commemorates the adoption of the United Nations Convention on the Rights of the Child on this day in 1989. Prepared with assistance from the Calgary Public Library, the bibliography is a sampling of current literature related to how children can make a difference in matters concerning human rights and diversity. The Human Rights, Citizenship and Multiculturalism Education Fund provided funding for this initiative.

PLEASE NOTE: In the following sections of the newsletter, we publish news and information provided by other organizations. We also cite other Web sites related to human rights and diversity. The Commission is not responsible for the content provided by other organizations on their Web sites or by other means. Please direct comments or inquiries regarding these organizations or their Web sites to the organization in question.

Notable court and tribunal decisions from other jurisdictions

Nova Scotia (Workers Compensation Board) v. Martin

In this decision, the Supreme Court of Canada stated that a Workers' Compensation Board tribunal does have jurisdiction to consider the constitutionality of certain provisions of its own legislation. The Court stated that the Nova Scotia Workers' Compensation Act breached the equality provisions of the Canadian Charter of Rights and Freedoms by excluding chronic pain from the application of the general compensation provisions under the Act. The Supreme Court of Canada said that the legislation was discriminatory because it did not correspond to the actual needs and circumstances of injured workers suffering from chronic pain, who are deprived of any individual assessment of their needs and circumstances.

In a unanimous court decision, the Supreme Court of Canada said that: "Administrative tribunals which have jurisdiction, explicit or implied, to decide questions of law arising under a legislative provision are presumed to have concomitant jurisdiction to decide the constitutional validity of that provision."

Milazzo v. Autocar Connaisseur Inc.

On November 6, 2003 the Canadian Human Rights Tribunal released a decision in the matter of Salvatore Milazzo and Canadian Human Rights Commission and Motor Coach Canada. The complainant was a bus driver who was terminated from his employment with the respondent after he tested positive in a drug and alcohol test. The complainant succeeded in showing that the respondent failed to accommodate him after he tested positive in the drug test. However, his complaint regarding his dismissal from employment because of disability was dismissed. The tribunal said that the respondent met the burden of establishing that subjecting its employees to pre-employment and random drug testing was a legitimate way to promote road safety. Read the decision in html or pdf versions.

Alberta Community Development diversity news

Gene Zwozdesky, Minister of Community Development and Minister responsible for human rights in Alberta, urges all Albertans to acknowledge International Human Rights Day by reflecting on the province's human rights achievements and challenges. "This special day serves as a reminder of our respect for justice, liberty and human rights and how they help define our way of life," said Zwozdesky. "This is an opportune time to reaffirm our commitment to the fundamental rights and freedoms of all citizens and to re-dedicate ourselves to the preservation of our freedom and dignity. We can all help make a difference, today and in the years to come." Read the news release.

Alberta Community Development has revised its Web site to make it easier for readers to learn about community projects that have received grant support from the Human Rights, Citizenship and Multiculturalism Education Fund. The Web site now includes more information about funded projects, contact information, and links to on-line resources that were developed with support from the Education Fund. You can review project information by intended goal and interest area. The revised Web site encourages the sharing of ideas and information and helps potential applicants better understand what kind of initiatives receive support from the Education Fund.

On December 6th, Canadians marked the National Day of Remembrance and Action on Violence Against Women and the commemoration of 14 women who were murdered at l'Ecole Polytechnique in Montreal in 1989. In Alberta, commemorative events were held across the province, and the Government of Alberta issued a news release, in which Gene Zwozdesky, Minister of Community Development and Minister responsible for women's issues in Alberta, invited Albertans to reflect on violence against women in our society and to make a personal commitment to take action to prevent and eliminate all forms of violence against women.

Other human rights and diversity news

Nunavut Human Rights Act
On November 5, 2003, the Human Rights Act replaced the Fair Practices Act and reformed human rights legislation in Nunavut. The Act expands the prohibited grounds of discrimination and establishes an independent human rights tribunal and a modern process for hearing and resolving human rights issues. To read the English translation, scroll down to page 31 in the Act.

Racial profiling
The Ontario Human Rights Commission released a report on racial profiling on December 9. The key message delivered by Chief Commissioner Keith Norton when the report was released was, "Racial profiling has no place in our society. We have to stop debating the issue and start acting on it." Entitled Paying the Price: The Human Cost of Racial Profiling, the report is based on over 400 personal accounts of experiences with profiling that individuals shared with the Commission during the course of its Racial Profiling Inquiry held earlier this year. The Report looks at the human cost of racial profiling on individuals who have experienced it, their families and their communities and the detrimental impacts of this practice on society as a whole.

Some accounts from the Ontario Human Rights Commission's recent inquiry on racial profiling have been adapted for airing on the national CBC radio program Sounds Like Canada from December 1st to December 11th. From the CBC Web site: "Canadians like to celebrate cultural diversity, but racism still exists everywhere. It's just becoming more subtle and complex than before."

Family violence
The Government of Alberta is planning a family violence roundtable to increase understanding of the scope of the problem and discuss solutions. Visit the family violence roundtable Web site, located at http://www.familyviolenceroundtable.gov.ab.ca/. The Web site features roundtable information updates and an opportunity to provide input.

Women's issues
The Prime Minister's Task Force on Women Entrepreneurs has released its final report. The task force was created to to advance the contribution of women entrepreneurs to the Canadian economy. From the Foreword of the report: "As the Task Force conducted its consultations across Canada, women entrepreneurs applauded the fact that, for the first time in Canada, they had an important platform to voice their concerns. For many of the women who participated in the consultations, it was the first time they had been consulted by the federal government and the Task Force became their personal connection . . . Recommendations reflect the necessity of giving greater focus to women entrepreneurs as an important component of Canada's economic development and to making changes to how we treat women entrepreneurs, both federally and as a country, to ensure that we are unleashing this force."

The Honourable Stephen Owen, Secretary of State (Western Economic Diversification) (Indian Affairs and Northern Development) endorsed the findings of the Prime Minister's Task Force on Women Entrepreneurs and confirmed multi-year support for the Women's Enterprise Initiative in the West. Read the news release. To learn more about the Alberta Women's Enterprise Initiative Association, visit http://www.aweia.ab.ca/.

The Canadian Race Relations Foundation has published Racial Discrimination as a Health Risk for Female Youth: Implications for Policy and Healthcare Delivery in Canada. The executive summary states, "The research presented in this report was aimed at exploring racial discrimination as a health risk for female youth. The research also aims to generate recommendations for policies and strategies to develop anti-racist modes of practice for this population within Canada's healthcare system."

Workplace news
Engineers, accountants, teachers, nurses, doctors, lawyers and other professionals trained outside Canada can now receive one-on-one employment counseling and participate in job shadowing and work experiences to help them find employment in Alberta. Edmonton's Centre for Foreign Trained Professionals, operated by the Bredin Institute, enhances Alberta's workforce by ensuring professionals trained in another country can meet the demand for skilled workers in our economy. The Centre helps new Albertans tap into employment and career services geared toward using the skills and training they obtained outside of Canada and provides them with the assistance they need to become familiar with the expectations of employers in Alberta.

Related Websites

The Centre for Faith and the Media is an independent non-profit organization committed to educating and providing resources to members of the media to aid them in their reporting on faith, religion and spirituality. The Centre provides on-line resources, publications, and workshops to assist journalists in covering faith stories. It also offers workshops to journalism students and members of faith communities who want to learn how to access the media more effectively. Visit http://www.faithandmedia.org/.

 

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