Alberta Human Rights Information Service March 6, 2006

March 8 is International Women's Day

In this issue:

Commission news

Alberta Community Development human rights and diversity news

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

Commission news

  1. Diversity Leadership Award: The Alberta Human Rights and Citizenship Commission Diversity Leadership Award of Distinction recognizes organizations that embrace diversity in their workforce, and encourage respect and inclusion. Bear Slashing Ltd. of Bonnyville is this year's winner in the large employer category. Canterra Suites Hotel of Edmonton is the winner in the small to medium employer category. These companies exemplify business excellence in building inclusive workplaces that help attract, retain and involve employees. The Diversity Leadership Award is one of the Alberta Business Awards of Distinction. The winners were announced at a ceremony in Calgary on February 22.
  2. Commission panel decisions

    Delorie Walsh v. Mobil Oil Canada (December 16, 2005; Beth Bryant, Panel Chair)
    Panel holds that employer contravened the equal pay section of the Alberta HRCM Act, and discriminated against the complainant on the ground of gender in the area of employment:
    Delorie Walsh was employed as a junior map clerk first with Canadian Superior Oil Ltd. and then later Mobil Oil, which merged with Canadian Superior. During her tenure with Mobil, Ms. Walsh eventually became employed as a land agent. Ms. Walsh alleged various discriminatory actions by Mobil Oil over different periods of time. 

    The panel dismissed some of the allegations; however, the panel did find that over a certain period of time, Ms. Walsh's salary and job category were low when compared with male counterparts employed at Mobil. The panel also held that there was no evidence placed before the panel that showed any reasonable basis for the lower salary and job categorization. Consequently, the panel found that Mobil Oil discriminated against Ms. Walsh based on her gender between August 1990 and August 1991, contrary to the equal pay and terms, and conditions of employment provisions (sections 6 and 7) of the Human Rights, Citizenship and Multiculturalism Act.

    The panel dismissed a second human rights complaint alleging that Mobil Oil retaliated against Ms. Walsh because she filed a human rights complaint. The panel stated that there was no reasonable link between Ms. Walsh's dismissal and her human rights complaint.

    The complainant has appealed the panel decision.

    Donna Martyn v. Laidlaw Transit Ltd. o/a Yellow Cab Ltd., Alberta Co-op Taxi Line Ltd., Edmonton Taxi Commission, City of Edmonton and Alberta Transportation (October 31, 2005; Lori G. Andreachuk, Q.C., Panel Chair)
    Panel finds taxi companies and City of Calgary have contravened Alberta human rights legislation by failing to provide wheelchair-accessible taxi service on demand:
    A human rights panel held that Ms. Martyn, who has a disability that requires her to use a scooter, experienced discrimination because she could not obtain 24-hour accessible taxi service like able-bodied individuals. Further, the panel held that the taxicab companies and the City of Edmonton had systemically discriminated against Ms. Martyn and other individuals with disabilities because the system surrounding the funding, regulation and provision of 24-hour accessible transportation acted to entrench the discriminatory practice of not providing 24-hour accessible taxi services.

    The respondents agreed that they did not provide accessible 24-hour service to wheelchair and scooter users; however, they argued that it was reasonable and justifiable for them not to provide the service because providing the service would create an undue hardship. The City of Edmonton also argued that they were not a service provider pursuant to the Alberta Human Rights, Citizenship and Multiculturalism Act.

    The panel held that the evidence showed that an accessible taxicab system can be run without undue hardship and that the partnership of the taxi industry and the City of Edmonton should be able to make 24-hour accessible taxicabs economically viable without imposing any undue hardship on the respondents. The panel will be deciding the appropriate remedy in a separate upcoming hearing. 

    Three of the respondents have appealed the panel decision.

  3. Important court decisions related to human rights

    Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6
    Supreme Court of Canada allows Sikh student to wear religious dagger (kirpan) in school:
    On March 2, the Supreme Court released its decision in Multani v. Commission scolaire Marguerite-Bourgeoys. In this case, a male Sikh student had been banned from carrying his kirpan at school due to concerns about safety. The Court ruled that religious requirements must be accommodated, and that the concern for public safety can be dealt with in a manner that does not involve imposing a blanket exclusion. The Court indicated:
    1. Orthodox Sikhs wear the kirpan as a requirement of their religion.
    2. The student was willing to comply with limitations on how he could wear the kirpan in school.
    3. The school cannot have a blanket policy denying a religious requirement.

    Callan v. Suncor Inc., 2006 ABCA 15
    Court says accommodation must be reasonable, not instant or perfect:
    Sheila Callan filed a human rights complaint alleging discrimination on the ground of disability and indicated the employer had not accommodated her disability. The complaint was dismissed, and the chief commissioner upheld the dismissal. 

    The Court of Appeal heard this matter on January 10, 2006. This was an appeal by Suncor and the chief commissioner of a Court of Queen's Bench decision that was a judicial review of the chief commissioner's decision confirming the dismissal of the complaint. The judge quashed the decision of the chief commissioner and directed the matter be sent on to a human rights panel. 

    The Court of Appeal overturned the Queen's Bench decision and found the chief commissioner's decision was reasonable and should not have been set aside. The court concluded that Suncor had reasonably attempted to accommodate Ms Callan and said there is no duty of instant or perfect accommodation, only reasonable accommodation. The reasonableness of the employer's accommodation must be evaluated considering the knowledge of the employer, together with the cost, complexity and expense of any physical accommodation required, and other similar factors. The test is not subjective, and the employee is not entitled to dictate the accommodation he or she will accept. Nor is the employer required to accept the complainant's own subjective assessment of his or her abilities.
  4. New publication: The Commission has published a new interpretive bulletin called Human rights in the hospitality industry. The publication gives hospitality industry operators and their customers and guests:
    -an overview of their rights and responsibilities under Alberta's human rights legislation,
    - examples of discriminatory and non-discriminatory alternatives,
    - summaries of leading human rights cases,
    - a list of resources for the hospitality industry, and
    - options for dispute resolution.
  5. Reappointment of commissioner: Brenda Scragg has been reappointed as a member of the Alberta Human Rights and Citizenship Commission for a term to expire on December 31, 2008. Read the Order in Council. Read the biographies of all commissioners.
  6. Educational workshops: The Commission is offering public workshops on human rights in the workplace. The workshops are designed to help employers, employees and organizations create respectful and inclusive work environments and to demonstrate the impact of human rights legislation in the workplace. See the schedule. Post the flyer at your workplace.

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. Significant days:

  • March 8 is International Women's Day:
    Albertans will join communities around the world to recognize and celebrate the many achievements of women. Learn more about International Women's Day. See a list of Alberta events.

    This year's national theme is Beyond Laws: The Right to Be Me. The theme, which is determined by Status of Women Canada, encourages people to consider women's rights, the diversity of women and putting words into actions. In addition to celebrating International Women's Day on March 8 and International Women's Week across Canada from March 5-11, 2006, Canadians also mark the 25th anniversary of the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). CEDAW is an international treaty guaranteeing equal rights, opportunities and responsibilities for women and men.

  1. Persons Case Scholarship: Eight Alberta students have received Persons Case Scholarships to assist them in their post-secondary studies during the 2005-2006 school year. These annual scholarships are awarded to students whose studies and career goals will ultimately contribute to the advancement of women or those who are studying in fields where members of their gender are traditionally few in number. The scholarships are awarded by Alberta Community Development and funded by the Alberta Heritage Scholarship Fund. Read the news release.
  2. Human Rights, Citizenship and Multiculturalism Education Fund:

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

The Human Rights Citizenship and Multiculturalism Education Fund Advisory Committee wants to hear from stakeholders about how the Education Fund can help organizations create changes in their community that will help everyone feel welcome and included in our communities and workplaces. Consultations took place across the province in February and will continue in March. Stakeholders can also give their input online. Visit the consultation web page for details. Stakeholders are encouraged to read the background document, Creating Inclusive Communities: A Conversation, before providing input. Read the news release.

Projects that have received support from the HRCM Education Fund include:

  • The University of Alberta Visiting Lectureship in Human Rights has produced a DVD collection of six of the lectures delivered between 1998 and 2004 as part of the Visiting Lectureship in Human Rights series. This educational resource is suitable for school use or for research activities. The HRCM Education Fund provided financial assistance to the University of Alberta to support the human rights activities associated with some of the lectures and assisted the university with the development of this resource.
  • Two reports dealing with access to licensure for internationally educated nurses are available from theAlberta Network of Immigrant Women's website. Following research undertaken in 2002, the report Access to Licensure for Foreign Qualified Nursesmade recommendations to help address the concerns identified.  In 2005, the Network undertook a follow-up study to learn more about the progress to date and to identify action that is still required. This information is contained in the report Access to Licensure for Internationally Educated Nurses Follow up Study Both these projects were supported by a grant from the Human Rights, Citizenship and Multiculturalism Education Fund.
  • The Tipi of Courage: Training for Prevention project provides culturally appropriate training materials to train and certify Red Cross HIV/AIDS instructors who will deliver prevention programs to the aboriginal community. From the Red Cross website: "In Southern Alberta, the Canadian Red Cross partnered with the Aboriginal component of Calgary's Coalition on HIV/AIDS to develop a groundbreaking program called the Tipi of Courage. The Tipi of Courage is ready to battle ignorance, stigma, and misinformation about HIV/AIDS throughout Southern Alberta." This project has received two prestigious awards: the Humanitarian Service Award and the Prix D'Excellence.

Read the news release about the latest HRCM Education Fund grants. You can also read more about projects that the HRCM Education Fund has funded

Other human rights and diversity news

Alberta news

  1. Women Building Futures is the new registered owner of a 3-story 30,000 square foot warehouse in downtown Edmonton. The larger facility will allow the training organization to accept more women into training programs and supply more apprenticeship-ready workers for Alberta's construction industry. From the website: "Women Building Futures is a registered not-for-profit charitable organization that works to help women build better lives and achieve economic prosperity through training and mentorship." Read the news release.
  2. Blind Persons' Rights Act: Higher fines and new identification cards will help ensure Albertans who are blind receive equal opportunities and access to public services and facilities. New provincial legislation, which was brought into force November 1, 2005, includes higher fines for violations, which range from $250 for falsely using a white cane to $3,000 for discrimination against an Albertan who is blind and uses a guide dog. The law also now identifies clear standards for training guide dogs. Read the news release. Read more about the Blind Persons' Rights Act.
  3. The Hate Bias Crime Initiative, Edmonton Police Service was one of the top 10 finalists for the Webber Seavey Award for Quality in Law Enforcement. From the EPS website: "The Hate and Bias Crime Initiative advocates for a safe and inclusive environment for our diverse and multicultural society. The initiative is committed to building a framework to manage issues and prevent occurrences involving hate." Jointly sponsored by International Association of Chiefs of Police and Motorola, the Webber Seavey Award is presented annually to agencies and departments worldwide in recognition for promoting a standard of excellence that exemplifies law enforcement's contribution and dedication to the quality of life in local communities. This program helps law enforcement agencies worldwide and the communities they serve by redefining the concept of law enforcement and how it is routinely performed. 
  4. Welcome to Alberta: Information for Immigrants: This Government of Alberta resource covers everything from finding accommodations and work, and setting up a bank account, to obtaining a health care card, and finding your way around an Alberta city or the whole province. It is now available online.

Other Canadian news

  1. An Unequal Playing Field: Report on the Needs of People Who are Blind or Visually Impaired Living in Canada: This is the first nation-wide study to report on the needs of people living in Canada with vision loss in 29 years. From the news release: "Scores of highly educated and qualified blind and visually impaired Canadians are living in poverty because they cannot find work. The report also shows that although the number of seniors living with permanent vision loss is skyrocketing, access to transportation and low vision aids is limited. Alarmingly, it confirms that many of the barriers faced 30 years ago still exist today." Read the news release. You can buy the report.
  2. Ontario human rights system: The Ontario government recently announced its intention to modernize its human rights system. From the news release: "Under a proposed new model in legislation to be introduced later this spring, the commission would focus on advancing human rights and preventing discrimination through proactive measures, such as public education, research and monitoring to address systemic discrimination. The government would also establish an anti-racism secretariat within the commission that would provide recommendations and advice to the chief commissioner about research and policy to fight racism." Read the news release.
  3. Attracting and Retaining Immigrants: A Tool Box of Ideas for Smaller Centres: Prepared by the National Working Group on Small Centre Strategies and funded by the Government of Canada (Citizenship and Immigration Canada), the Tool Box is intended to help communities who wish to attract and retain newcomers.

 

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