Alberta Human Rights Information Service September 29, 2006
In this issue:
Alberta Community Development human rights and diversity news
Other human rights and diversity news:
Alberta news
Canadian news
International news
Notice to subscribers
Commission news
- The Commission regularly updates its website with panel decisions as they become available. Here are summaries of selected panel decisions that have recently been posted:
Aaron Grey v. Tracer Field Services Canada Ltd. AND Tracer Industries Canada Ltd. AND Tyco Thermal Controls (Canada) Ltd. AND Albian Sands Energy Inc. (August 1, 2006; W. P. Baergen, Panel Chair)
Evidence did not establish prima facie discrimination about dismissal due to refusal to take a drug and alcohol test:
In a hearing to determine whether a prima facie case of discrimination was established, the complainant, an electrician, argued he was dismissed from employment with the respondent after he refused to submit to a workplace site access drug and alcohol test. The respondent employer argued the complainant was one of 52 workers laid off due to work shortage, and that the lay offs were made pursuant to the collective agreement and further, workers who had submitted to the drug test were also among those laid off. The panel dismissed the complaint. The complainant did not establish a prima facie case for discrimination. The complainant failed to establish evidence that his lay off was related to his refusal to submit to testing.
The panel decision has been appealed to the Court of Queen's Bench. - The Commission has also recently updated its website with these additional panel decisions, including a severance agreement:
Gerald Miller and Lynne Miller v. Workers' Compensation Board (August 23, 2006; Delano W. Tolley, Panel Chair)
Diane Carr v. Humpty's Family Restaurant and Humpty's Restaurants International Inc. (July 21, 2006; Delano W. Tolley, Panel Chair)
Désanges Duguay (on behalf of René François Duguay) v. Cold Lake Minor Hockey Association (July 21, 2006; Delano W. Tolley, Panel Chair)
Gary Yurchak v. Frank Cairo Enterprises Ltd. o/a Marvel College (July 5, 2006; Diane Colley-Urquhart, Panel Chair)
Georgette Plettell v. Youville Residence Society of Alberta (Severance Agreement, July 19, 2006; W.P. Baergen, Panel Chair) - Important court decisions related to human rights:
Alberta (Minister of Human Resources and Employment) v. Weller and Alberta (Human Rights and Citizenship Commission) 2006 ABCA 235
Discrimination not found based on the Law analysis:
Mr. Weller filed a complaint against the Minister of Human Resources and Employment in the area of services under the ground of family status, as he was denied a shelter allowance while living on social assistance because he was living with his mother. He would have received a shelter allowance had he lived with a stranger. The human rights panel (June 9, 2004) and the Court of Queen's Bench (May 18, 2005) both found discrimination. The Minister of Human Resources and Employment appealed to Court of Appeal.
The Court of Appeal gave their decision on August 10, 2006. The Court found that there was no discrimination when Mr. Weller was denied a shelter allowance. The Court based their decision on an analysis of the four contextual factors in the Supreme Court of Canada decision in Law. The Court said it was Mr. Weller's decision to accept shared accommodation from family. Had he rented accommodation from an independent party, he would have received a shelter allowance. He was under no obligation to accept accommodation from his family, nor was his family under any obligation to provide it.
Syncrude Canada Ltd. v. Alberta (Human Rights and Citizenship Commission) 2006 ABQB 603
Court of Queen's Bench confirms that "timely expedition of complaints" is an important factor in Administrative Tribunals:
The Court of Queen's Bench dismissed Syncrude's appeal of a human rights panel decision based on the prematurity of the application. In the decision, the Court has stressed the importance of how an Administrative Tribunal must be allowed to complete its statutorily delegated decision making role before the Judiciary will engage their own supervisory role.
In this way the Court is not encouraging fragmented litigation and taxing judicial resources. The Court has recognized a prematurity application can be made by the Commission in situations which will unduly affect the efficient and orderly administration of justice.
As another important aspect of the case, the Court recognizes the quasi-constitutional status of human rights in Canada and how a broad expansive construction is to be used in determining the limits of the legislation.
The matter is now back before the human rights panel to decide on the merits of the decision. - Human rights in the workplace public workshops:
The Commission is offering Human Rights in the Workplace Public Workshops, intended for those interested in the impact of human rights legislation in the workplace. The full day workshops will provide an overview of all human rights modules, precedent setting cases, as well as legal updates. The workshops will take place in Edmonton on October 18 and Calgary on October 26. Learn more about the workshops and download a Public Session Registration Form.
Businesses and organizations can also request customized human rights sessions to suit their individual needs and schedules. Please use the presentation request form.
- Update on Canadian Coalition of Municipalities Against Racism and Discrimination:
On September 11, 2006, the City of Calgary formally signed the declaration to join the Canadian Coalition of Municipalities Against Racism and Discrimination at a public ceremony in front of city hall attended by many citizens and dignitaries, including the Chief Commissioner of the Alberta Human Rights and Citizenship Commission. Read more. Calgary is now the second municipality in Alberta to sign the declaration, after the Regional Municipality of Wood Buffalo. The Commission is helping to promote this initiative in Alberta, and has just published an Alberta version of the Call for a Coalition of Municipalities Against Racism and Discrimination. Order the booklet online.
The Alberta Urban Municipalities Association has also recently endorsed the Coalition of Municipalities Against Racism and Discrimination.
Back row, left to right: Alderman Joe Ceci (Federation of Canadian Municipalities Board Member), Alderman Diane Colley-Urquhart (Commissioner, Alberta Human Rights and Citizenship Commission), Inspector Dean Young (Calgary Police Service), Charlach Mackintosh (Chief Commissioner, AHRCC), Mayor Dave Bronconnier.
Front row, left to right: Erika Hargesheimer (General Manager, Community Services & Protective Services, City of Calgary), Cassie Palamar (AHRCC), Alderman Bob Hawkesworth (President, Alberta Urban Municipalities Association) at the Calgary signing.
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
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Significant days:
October is Women's History Month: Women's History Month provides an opportunity to recognize the achievements of women from all walks of life and learn about their contributions to Canadian society. First Nations, Métis and Inuit women have many inspiring stories of their past and present. To commemorate Aboriginal women's place in Canada's history, the theme for Women's History Month 2006 is Aboriginal Women: the Journey Forward. Read the calendar of events.
October 18 is Persons Day: Persons Day commemorates the 1929 landmark decision when women were declared "persons" under the law. Five Alberta women, Emily Murphy, Louise McKinney, Nellie McClung, Irene Parlby, and Henrietta Edwards, led this victory and distinctively became known as the "Famous Five." Provincially, Alberta recognizes Persons Day through the Persons Case scholarships, available for students who choose studies that contribute to the advancement of women, or for students who are pursuing careers in fields where members of their gender are under-represented.
November is Family Violence Prevention Month: Raising public awareness about family violence and prevention programs that are available at the community level is the goal of Family Violence Prevention Month. You can get information about local family violence services and programs in Alberta from your local Child and Family Services Authority. To find the authority in your area, contact Service Alberta by calling 310-0000 toll-free from anywhere in Alberta.
November 25 is the International Day to End Violence Against Women: From Unifem's website: "People around the world are coming together to condemn this universal crime against women on this day." Check this website closer to the date to read more about the day and events.
November 25 - December 10 is 16 Days of Activism Against Gender Violence: From the Center for Women's Global Leadership website: "Since 1991, the 16 Days campaign has worked to increase the visibility of violence against women as a human rights violation. This year's theme celebrates activists who have made the campaign a success, and honours women human rights defenders who have suffered intimidation and violence for their activism and/or have given their lives fighting for gender equality." People around the world wear white ribbons from November 25 to December 10 to symbolize a pledge never to commit, condone or remain silent about violence against women. Read more and download a TakeAction Kit.
December 6 is National Day of Remembrance and Action on Violence Against Women: The National Day of Remembrance and Action on Violence Against Women marks the anniversary of the tragic events that took place at l'Ecole Polytechnique in Montreal in 1989. Check Status of Women Canada's website closer to the date to read more. Communities commemorate this day to bring awareness to this important issue and to renew their pledge to prevent violence. Check this website closer to the date to read a list of events in which women will be commemorated in Alberta.
See the list of significant days on the Help Make a Difference website. - The Human Rights, Citizenship and Multiculturalism Education Fund:
Grant application deadline
The next deadline for grant applications for the HRCM Education Fund is October 1, 2006.
Completed projects
- Developmental disabilities resource. With funding from the HRCM Education Fund, the Canadian Research Institute for Law and the Family developed educational materials and provided training to service providers and caregivers to ensure people with developmental disabilities involved with the justice system are treated fairly and receive reasonable accommodation. This educational work was based on research titled Legislation, Existing Protocols and Best Practices Training for Service Providers and Caregivers of People with Developmental Disabilities in the Criminal Justice System, funded by the Persons with Developmental Disabilities Alberta Program.
- Developmental disabilities resource. With funding from the HRCM Education Fund, the Canadian Research Institute for Law and the Family developed educational materials and provided training to service providers and caregivers to ensure people with developmental disabilities involved with the justice system are treated fairly and receive reasonable accommodation. This educational work was based on research titled Legislation, Existing Protocols and Best Practices Training for Service Providers and Caregivers of People with Developmental Disabilities in the Criminal Justice System, funded by the Persons with Developmental Disabilities Alberta Program.
- Workplace harassment resource: The Vocational and Rehabilitation Research Institute, with funding from the HRCM Education Fund, has developed tools and resources to enable people with developmental disabilities, frontline staff, and employers to recognize and deal with situations of harassment in the workplace. The tools and resources from the Workplace Harassment: Enhancing Community Inclusion project include: a workshop, CD/video, pamphlets for employers of people with developmental disabilities and frontline workers, and a theatre production about workplace harassment. For more information on these resources, please contact the Dr. Randy J. Tighe Resource Centre.
- Resource for social studies curriculum K-3: With support from the HRCM Education Fund, the Northern Alberta Alliance on Race Relations Society has developed a bilingual catalogue of cultural and intercultural resources for teachers and students that support Alberta's new social studies curriculum. All the resources listed in Cultural Crossroads - List of Resources to Support the New Social Studies Curriculum K-3 have been reviewed by Alberta teachers. Cultural Crossroads is a bilingual teacher professional development initiative to assist school communities to develop culturally responsive teaching and learning through awareness, skill development and increased knowledge.
NAARR offers many resources for educators and leaders to help them understand racism and to give them some strategies to help students deal with racism. One of these resources is a research paper titled Interculturally Responsive Teaching and Learning Framework for Educators, which was also supported through funding from the HRCM Education Fund. - Research on immigrant and visible minority women:
The Alberta Network of Immigrant Women released a report, Equitable Treatment of Immigrant/Visible Minority Women as Employees and Volunteers in the Alberta Voluntary Sector, during a September 22, 2006 dialogue in which follow up action strategies were developed. The report concludes that immigrant and visible minority women in the not for profit sector encounter barriers that prevent them from fully developing their potential and participating equitably in the voluntary sector. The report will be available at the end of October on ANIW's website. Funding for the dialogue was provided by the HRCM Education Fund. The session was facilitated by a staff member from the Ministry of Community Development. Preliminary research on these issues was undertaken by the Institute for Gender Research at the University of Calgary, in cooperation with ANIW. Read the report.
Read about other projects that the HRCM Education Fund has funded.
Other human rights and diversity news
- Diversity and hate-bias project wins international award: The Calgary Police project, Hate: Don't Buy in has been awarded the 2006 International Chiefs of Police Civil Rights Award. This junior and senior high school project is a diversity and hate-bias program that provides schools with skills, information and resources to help address issues of hate, bias and discrimination. The recipients of the award have demonstrated dedication to minimizing the number of hate crimes perpetrated in communities.
- Safety Under the Rainbow: The Safety Under the Rainbow initiative, launched in June 2006, aims to raise awareness and understanding of same-sex domestic violence and homophobic youth bullying. Service providers can be educated through programs on the website.
- Youth bullying and violence prevention research link: The Society for Safe and Caring Schools and Communities, in collaboration with the University of Alberta's Faculty of Education, developed a research link. The virtual centre is designed for researchers and education and community stakeholders involved in the prevention of youth bullying and violence prevention.
- Learning from Experience: Aboriginal Programs in the Resource Industry: This report, released by the Alberta Chamber of Resources, is part of a larger strategy to build better relationships between Aboriginal communities and employers. It targets companies in the resource industry, encouraging best practices in their work with Aboriginal communities. Read the report.
- Legal and policy barriers for newcomers: The Community Foundations of Canada released a study, Unsettled: Legal and Policy Barriers for Newcomers to Canada, which concludes that Canadian social policy is undermining the success of newcomers to this country, hampering their access to employment and vital services, and creating a web of discrimination. This results in immigrants experiencing more difficulty settling here, even though they are more educated and skilled that their predecessors. Read the report.
- A new service for human rights professionals: Human Rights Tools is a new website for human rights professionals. It offers a library of resources, key resources for country analysis, daily updated human rights headlines, and a newsletter.
- International human rights conference: The John Humphrey Centre for Peace and Human Rights presents Building World Peace: the Role of Religions and Human Rights. This conference will provide a forum for people of diverse cultures, religions and backgrounds to come together to listen, debate and learn with an international gathering of world-renowned diplomats, intellectuals, activists and religious leaders. The conference will be held October 20 - 22 in Edmonton. The Human Rights, Citizenship and Multiculturalism Education Fund provided some of the funding for the conference.
- 25th anniversary of the UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief: November 25 marks the 25th anniversary of this UN declaration. Read more about the declaration.
- 2005 World Conference on Family Violence: The summary report from the first World Conference on Family Violence, Building Momentum for Positive Change: Moving Forward Together, held in October 2005, in Banff is available. The Alberta government took the lead role in bringing together experts from around the world to share information and learn from each other. One thousand delegates from 30 countries participated in the conference. A key theme was that gender-based violence and gender inequality are at the heart of family violence. Another key theme was that family violence is a human rights issue. Recommendations from the conference included involving men and boys in family violence prevention, and working across jurisdictions and sectors to prevent sexual exploitation of children, youth and women.
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