Alberta Human Rights Information Service February 3, 2005

In this issue:

Commission news

Alberta Community Development diversity news

Other human rights and diversity news

Related websites

Commission News

1. Help Make a Difference phase two: The Alberta Government in partnership with Global Television Alberta recently launched the second phase of the Help Make a Difference (HMAD) initiative. The Alberta Human Rights and Citizenship Commission, the Human Rights, Citizenship and Multiculturalism Education Fund, the Persons with Developmental Disabilities (PDD) program, and the Office for Disability Issues were partners in the initiative. The second phase of HMAD features people with disabilities, women and other Albertans who face discrimination. Visit http://www.helpmakeadifference.com/. Read the news release.

2. Educational workshops: The Commission has updated its schedule of public human rights education workshops.

3. Commission panel decisions: The Commission has recently updated its Web site with the panel decision listed below. You can also read a summary of the decision.

  • Dr. Doron Gersten v. College of Physicians and Surgeons of Alberta
    (October 17, 2004; Lori G. Andreachuk, Q.C., Panel Chair; Beth Bryant and Diane Colley-Urquhart, Panel Members) Discrimination - Grounds - Place of Origin - Ancestry - Area - Employment - Goods, Services and Accommodation Customarily Available to the Public - Membership in Occupational Association, Professional Organization or Body

4. "Widows' Pension" Supreme Court of Canada Decision:
Background

  1. The Widows' Pension Act established a benefit scheme to provide financial assistance to low-income widows and widowers between the ages of 55 and 64.
  2. Five complainants filed a complaint of discrimination with the Alberta Human Rights and Citizenship Commission, arguing that the legislation excluded divorced, separated and never-married individuals who may be in the same or greater need.
  3. A panel hearing was held on June 1, 2001 and the panel found the Widows' Pension Act was prima facie discrimination but said it was reasonable and justifiable. (Read the decision.)
  4. The complainants and the director of the Human Rights and Citizenship Commission appealed the decision to the Court of Queen's Bench. The appeal was allowed, and the Minister of Human Resources and Employment was ordered to extend benefits under the Widows' Pension Act to qualified applicants who were divorced and whose former husbands were deceased. (Read the decision.)
  5. The Minister of Human Resources and Employment then filed an appeal with the Court of Appeal, which was dismissed. (Read the decision.) After the dismissal, the minister applied for leave to appeal to the Supreme Court of Canada.

Application for leave to Appeal to the Supreme Court of Canada

  1. The Minister of Human Resources and Employment raised a number of issues in the application for leave:
  • Whether a complaint brought pursuant to the Human Rights, Citizenship and Multiculturalism Act (HRCM Act) must identify an individual victim of an alleged contravention of that act?
  • Whether the legislature has constitutional authority to empower a human rights panel to direct future administration and application of legislation that is found to contravene the HRCM Act?
  • Whether the HRCM Act empowers a human rights panel to direct the future administration and application of the legislation that contravenes that act or whether a panel is charged to repair discrimination suffered by individuals whose circumstances are before it?
  • Whether the Widows' Pension Act, which grants benefits similar to benefits available to seniors to low-income widows near retirement age, discriminates against divorced women with deceased ex-husbands who were not entitled to spousal support after divorce?
  1. The minister argued these were matters of public and national importance.
  2. The director responded that the Widows' Pension Act was not an issue of national importance as it was only available in Alberta and it has been repealed.
  3. In addition, the director responded that the issues raised about the supremacy of human rights legislation had already been addressed by the Supreme Court of Canada.
  4. On Jan. 20, 2005 the Supreme Court denied the application for leave. See the Supreme Court of Canada Bulletin. Scroll down to the entry that reads "30449 Crown in Right of Alberta as represented by the Minister responsible for Alberta Human Resources and Employment v. Director of the Human Rights and Citizenship Commission (Alta.) (Civil) (By Leave)"


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

Alberta Community Development diversity news

1. New scholarship: The Alberta government has established a new $10,000 scholarship in recognition of Alberta's centennial and the contributions and experiences of our diverse population. The Alberta Award for the Study of Canadian Human Rights and Multiculturalism supports graduate studies in Canadian human rights or multiculturalism. This award is made possible through the Human Rights, Citizenship and Multiculturalism Education Fund. The application deadline for 2005 is March 1. Read the news release.

2. Mark your calendar: Throughout the year, there are various days that commemorate significant dates related to human rights or celebrate specific aspects of human rights and diversity. Visit the Help Make a Difference website to see a listing of significant days.

Of particular note in the coming months:

Other human rights and diversity news

1. Family violence and bullying: Last fall, the Government of Alberta released a report outlining key areas for action arising from the Alberta Roundtable on Family Violence and Bullying. The roundtable report, Finding Solutions Together, was developed by government based on what was heard during the roundtable process. The Government of Alberta also announced a $2 million Community Incentive Fund to support communities as they move forward in their commitment to a collaborative, coordinated response to family violence and bullying.

2. World Conference on Family Violence: From October 23 to October 27, 2005, international experts, researchers, advocates and front-line workers will meet in Banff, Alberta to stimulate leadership and strengthen networks dedicated to responding effectively to family violence. Visit the conference website.

3. New guide for internationally trained professionals: A new Government of Alberta publication offers numerous tips and resources to help internationally trained and educated immigrants build their work life in Alberta. Working in Alberta: A Guide for Internationally Trained and Educated Immigrants includes information on Alberta occupations, recognition of credentials, job search techniques, resumé writing, labour market research and career management tips. Read the news release.

4. Citizenship and Immigration: The House of Commons Standing Committee on Citizenship and Immigration will be holding cross-Canada hearings on a new Citizenship Act, the recognition of international experience and credentials, and family reunification.

5. World Programme for Human Rights Education: The General Assembly marked the conclusion of the United Nations Decade for Human Rights Education (1995-2004) by unanimously proclaiming a World Programme for Human Rights Education, the first three years of which would focus on primary and secondary education by integrating human rights issues into curricula. Read the news release.

5. Accessible education: The Ontario Human Rights Commission has released its Guidelines on Accessible Education. Read the news release.

6. Worldwide human rights for women: The People's Movement for Human Rights Education has published Passport to Dignity, a comprehensive workbook that presents a holistic vision of human rights regarding lives of women and thus the human rights of all women, men, youth and children. It connects the 12 areas of concern of the Beijing Platform for Action to the human rights framework for the fulfillment of human rights of women of all ages, worldwide.

7. Coalition of Cities Against Racism: The United Nations Education, Scientific and Cultural Organization (UNESCO) launched the International Coalition of Cities against Racism in March 2004 to establish a network of cities interested in sharing experiences to improve their policies to fight racism, discrimination and xenophobia. The ultimate objective is to involve interested cities in a common struggle against racism through an international coalition. Regional coalitions are being created to take into account the specificities and priorities of each region of the world. The initiative was launched in Europe, and the Call for a European Coalition of Cities against Racism includes a proposed ten-point plan of action. UNESCO Canada conducted a recent roundtable in Ottawa to discuss this initiative.

Related websites

1. Canadian Network for the Prevention of Elder Abuse: Visit http://www.cnpea.ca/ for information about key issues related to abuse and neglect in later life. The network aims to ensure that older adults are treated as full citizens in Canadian society.

 

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