Alberta Human Rights Information Service December 6, 2006

In this issue:

Commission news

Alberta Community Development human rights and diversity news

Other human rights and diversity news:
Alberta news
Canadian news
Related publications

Notice to subscribers

Commission news

  1. December 10 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 primary 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. This year's theme, Fighting Poverty: A Matter of Obligation Not Charity, is a reminder that poverty is both a cause and product of human rights violations. For more information, visit the United Nations Human Rights Day site.

    40th anniversary of Alberta's human rights legislation: Albertans mark a special milestone on this year's Human Rights Day-the 40th anniversary of human rights legislation in the province. The purpose of the legislation is to ensure all Albertans have equal opportunity to earn a living, find a place to live, and enjoy services customarily available to the public without discrimination. It details the rights and responsibilities of Albertans and outlines the functions of the Alberta Human Rights and Citizenship Commission.

    The Human Rights, Citizenship and Multiculturalism Act, in its original form, was assented to on April 15, 1966, and proclaimed on September 1, 1966. The Act protects Albertans from discrimination in specific areas and on specific grounds.

    The Commission itself was formed in 1972. Its mandate is two-fold: to foster equality and to reduce discrimination for Albertans.

    "Although we've come a long way in 40 years working to prevent discrimination and protecting Albertans, much more work remains to be done," said Charlach Mackintosh, Chief Commissioner of the Commission. Read the Commission statement on 2006 International Human Rights Day.

    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.

    Human Rights Day events:
    The Commission will be delivering opening greetings at a United Nations International Human Rights Day Commemoration at the John Dutton Theatre, Calgary Public Library, on Friday, December 8th from 4:30 p.m. to 7:30 p.m. Fo Niemi, the keynote speaker, will address the topic "Is Racial Profiling a Human Rights Issue?" Fo Niemi, co-founder of the Centre for Research-Action on Race Relations (CRARR), which promotes access to equality for minorities in Québec, is also a member of the Commission des droits de la personne et des droits de la jeunesse Québec. He has volunteered his services in many activities that promote the rights of minorities and facilitate their access to justice. The event is being organized by the Committee on Race Relations and Cross Cultural Understanding, the Ethno-Cultural Council of Calgary, and the Calgary Multicultural Centre, in partnership with the Calgary Main Public Library. Refreshments will be provided. 

    The John Humphrey Centre for Peace and Human Rights, in partnership with the Commission, will hold a celebration of International Human Rights Day at the Theatre Room, Edmonton Art Gallery, #2 Sir Winston Churchill Square, on Sunday, December 10, 2006 at 2:00 p.m. Local performance groups will provide a range of entertainment, with a special focus on human rights experiences of fellow Edmontonians, including Councilor Michael Phair. The Commission will share information about current projects. Admission to the event is free, however, donations of warm winter clothing are requested, and will be distributed to local agencies in need. The Human Rights, Citizenship and Multiculturalism Education Fund and Canadian Heritage provided financial support for this event. 

  2. Human rights in the workplace public workshops: The Commission is offering customized Human Rights in the Workplace workshops for business and non-profit organizations to help build and promote respectful and inclusive workplaces. In this era of labour shortages, an effective recruitment and retention strategy for employers is to build a sustainable workplace culture that is respectful, inclusive and welcoming to all employees.

    Workshops can be customized to suit schedules and needs. Full-day or half-day (up to 4 hours) workshops can be arranged. To learn more about the content of the six modules, read the online brochure. To request a session, please use the presentation request form.

  3. Commission Annual Review: The Commission has released its . Included in the review are summaries of all human rights panel decisions made from April 1, 2005 to March 31, 2006 and related court decisions. The publication also includes Commission complaint statistics as well as descriptions of the results achieved through the Commission's education work and the Commission's complaint resolution and settlement process.
  4. Important Ontario court decision related to human rights:
    Keays v. Honda Canada Inc., 2006
    Ontario Court of Appeal confirms the importance of employers treating vulnerable employees with dignity and equality    :
    On September 29, 2006, the Ontario Court of Appeal released its decision in Keays v. Honda Canada Inc. Kevin Keays worked as an associate in the Quality Engineering Department at Honda. After several years of exemplary employment, Keays began experiencing problems with his health, which resulted in intermittent absences from work. When Keays' health further deteriorated, he left work and received short-term and long-term disability benefits for a period of approximately two years. Keays was diagnosed as having chronic fatigue syndrome.

    Upon his return to work, Keays' absences continued. Honda came to doubt the legitimacy of Keays' disability and requested that Keays meet with its occupational medicine specialist for an assessment. When Keays refused to attend such a meeting until he received clarification of the purpose, methodology and parameters of the assessment to be conducted, Honda accused him of insubordination and terminated his employment after 14 years' service. Keays sued for wrongful dismissal.

    The Court unanimously affirmed the trial judge's ruling that Honda did not have just cause to dismiss Keays, and said that the accommodation process must "display more open-mindedness and less prejudgment if disabled employees are to be accorded the dignity and equality to which they are entitled." The Court held that Honda had acted unreasonably when it ordered Keays to attend a meeting with the occupational medicine specialist without clarifying the purpose of the meeting. The Court upheld the notice period awarded by the trial judge, including the extended notice awarded because of Honda's bad faith conduct, which totalled 24 months.

    The Court also upheld the trial judge's finding that Honda's breach of the Ontario Human Rights Code constituted an independent actionable wrong. Although it was appropriate to award punitive damages in the circumstances, the majority of the Court held that the trial judge relied on findings of fact that were not supported by the evidence. Recognizing that punitive damage awards in other wrongful dismissal cases had been far more modest that the trial judge's award of $500,000, and had rarely exceeded $75,000, the majority of the Court reduced the punitive damages awarded against Honda to $100,000.

    Honda has indicated that it may seek leave to appeal the Court's decision to the Supreme Court of Canada.

PLEASE NOTE: In the following sections of the newsletter, we publish news and information provided by other organizations. We also link to other websites related to human rights and diversity. The Commission provides this information as a service and 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 human rights and diversity news

  1. International Day for Disabled Persons: December 3 was International Day for Disabled Persons. Albertans marked this day with wheelchair basketball games, sports demonstrations, shows by comedians and artists with disabilities, lunches, speakers and employment fairs. The theme, Nothing About Us Without Us, emphasizes the importance of including the disability community in decisions that affect them. Read the Government of Alberta information bulletin.

    It is noted in the that physical disability and mental disability together represent 50% of all grounds cited in human rights complaints. The Commission's interpretive bulletins Duty to accommodate and Duty to accommodate students with disabilities in post-secondary educational institutions are intended to increase understanding and awareness of what accommodation means, and assist in the development of effective policies and procedures and reasonable accommodation strategies.

    See the list of significant days on the Help Make a Difference website.

  2. The Human Rights, Citizenship and Multiculturalism Education Fund grant deadline: The next deadline for applications for funding from the HRCM Education Fund is May 1, 2007.

    The HRCM Education Fund provides financial assistance to community organizations that are undertaking human rights and diversity initiatives that lead to change.

    Read about projects that the HRCM Education Fund has funded.

Other human rights and diversity news

Alberta news

  1. Grants available for youth: The John Humphrey Centre for Peace and Human Rights is offering five $500 grants to give youth a chance to participate in Speak Up, Speak Out: Human Rights in Your Community. Art, media and public awareness events can be used to educate the community about a specific theme that addresses a critical human rights issue. The application requires a written proposal for the project. The deadline for applications has been extended to December 15, 2006.
  2. Former Edmonton mayor Jan Reimer honoured for her work towards the advancement of women's equality: Former Edmonton mayor, Jan Reimer, was among six Canadian women who were presented with the Governor General's Award in Commemoration of the Persons Case by Governor General Michaelle Jean for their work towards the advancement of women's equality. Ms. Reimer has worked diligently to ensure the well-being of women in abusive relationships. Read more about the recipients. The awards were instituted by the Canadian government in 1979 to mark the 50th anniversary of the Persons Case and honour the five Alberta women whose determination led to the landmark victory in the struggle of Canadian women for equality. Read more about the Persons Case.

Canadian news

  1. Ontario passes Human Rights Code Amendment Act: On December 5, 2006 the Ontario legislature passed Bill 107, the Human Rights Code Amendment Act, 2006, making the most significant changes to the Ontario human rights system since it was created. A new complaints process will be implemented, with individual claims being filed directly with the Human Rights Tribunal of Ontario. The Act will establish a new publicly funded Legal Support Centre to provide legal and other support services, including enforcement of Tribunal orders. The Ontario Human Rights Commission will be able to inquire into human rights matters if it believes doing so is in the public interest, and will have the right to intervene in any application before the Tribunal. The legislation will also permit the Commission to bring its own application before the Tribunal. The Commission will also address discrimination in Ontario through proactive measures such as public education, promotion, public advocacy, research and monitoring. Read the news release.
  2. Celebrating immigration in central Alberta: Former governor general Adrienne Clarkson and her husband, John Ralston Saul, representing the Institute for Canadian Citizenship, have been invited by the Joint Refugee Committee of Red Deer, to launch a new organization celebrating immigration in Red Deer on January 23, 2007. The Institute for Canadian Citizenship is a national not-for-profit organization that initiates projects to foster discussion and understanding of the values associated with Canadian citizenship and help to bridge the gap between newly arrived immigrant and fully engaged citizen. With the support of the Institute, a local committee has been struck to raise awareness of immigration issues in central Alberta. The committee is organizing a citizenship ceremony, to be preceded by a round-table discussion with established Canadians meeting the new Canadians, to learn more about the immigrant experience and brainstorm how the community can aid in easing the transition. 
  3. 2006 candidates chosen for Female Coach Mentor Program: Canadian Colleges Athletic Association announced 14 successful candidates for the CCAA Female Coach Mentor Program. This national program is designed to identify and nurture female graduating student-athletes who demonstrate the desired skills for coaching by providing them with the opportunity to share the coaching experience in CCAA National Championship sports. The goal of the program is to increase the number of female coaches within the collegiate sport system. The program is funded by Sport Canada, and is conducted in partnership with various athletic associations across the nation. Read more about the program and the successful candidates.

Related publications

  1. Inclusive Organizations: A Tool for Continuous Improvement in Health and Social Service Agencies: The Immigrant Women's Association of Manitoba Inc., with funding support from Canadian Heritage, developed a publication intended to aid health and social service agencies and organizations in their efforts to meet the needs of increasingly culturally and racially diverse populations. Principles and promising practices consistent with the values of social equity, social justice and democracy are highlighted. Read the report.
  2. Tolerance education resources: The Human Rights Education Associates offer various free tolerance educational resources:

    Tolerance: The Threshold of Peace focuses on the rationale for and approaches to education for tolerance in schools.

    Education for Democratic Citizenship: Teacher's Guide offers a practical introduction to teaching citizenship education.

    All Different, All Equal Education Pack was developed as part of the European Youth Campaign Against Racism, Xenophobia, Anti-Semitism and Intolerance, and is intended for audiences 14 years of age and older.

    Guidelines for Teaching About the Holocaust offers suggestions on how to incorporate the study of the Holocaust into existing courses.

  3. Human rights youth education resource: Youth for Human Rights International published an educational resource called What are Human Rights?, which is intended for elementary school-age children. YHRI aims to educate young people about the Universal Declaration of Human Rights so they become valuable advocates for tolerance and peace.
  4. Critical Mass on Corporate Boards: Why Three or More Women Enhance Governance: A recent study shows that three or more women serving on a corporation's board can have a significant effect in the boardroom and enhance corporate governance.Women can bring a collaborative leadership style to the boardroom, help raise controversial issues, ask tough questions and expect direct and detailed answers, as well as bring new issues and perspectives to the table. Alison Konrad, professor at the Richard Ivey School of Business at the University of Ontario, Vicki Kramer and the Wellesley Centers for Women carried out the study. The Executive Summary can be downloaded. The full report can be purchased from the WCW publications office online or by calling 781-283-2510.

 

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.