Alberta Human Rights Information Service June 25, 2008
In this issue:
Human rights and diversity news from Alberta Culture and Community Spirit
Other human rights and diversity news:
Alberta news
Canadian news
Related publications and resources
1. The Commission regularly updates its website with panel decisions as they become available. Here are summaries of panel decisions that have recently been posted:
Emil Webber v. Canadian Forest Products Ltd. (May 30, 2008; Brenda F. Scragg, Panel Chair)
Mandatory retirement policy is prima facie discriminatory:
The complainant was forced to retire at age 65 years pursuant to the respondent's mandatory retirement policy after 24.5 years of employment. The director of the Human Rights and Citizenship Commission argued that the policy was prima facie discriminatory and not reasonable and justifiable under section 11 of the Human Rights, Citizenship and Multiculturalism Act. The respondent argued that the retirement scheme was reasonably justified for economic reasons and that it was a provision of the collective agreement between the complainant's union and the respondent. The complaint was allowed. A prima facie case of discrimination was established. The panel heard expert evidence regarding: (1) the effects of aging and the impact of retirement, (2) the economic effect of mandatory retirement, and (3) the concept of mandatory retirement as being part of the total compensation philosophy underlying the collective bargaining process between an employer and union. The panel found: (1) no empirical evidence was presented to suggest a connection between the threats to the economy and the elimination of the policy, (2) evidence showed the complainant suffered both psychologically and economically, and (3) the effect on the collective agreement and bargaining relationship of allowing the complainant to work past age 65 would be minimal compared to the effect on the complainant of forcing his retirement at that age. The panel concluded that the mandatory retirement policy is prima facie discriminatory, and the respondent failed to show the policy is reasonable and justifiable under section 11 of the HRCM Act.
Darren Lund v. Stephen Boissoin and The Concerned Christian Coalition Inc. and Canadian Civil Liberties Association and Attorney General of Alberta (May 30, 2008; Lori G. Andreachuk, Q.C., Panel Chair)
Decision on remedy:
On November 30, 2007, a decision was rendered in this matter, finding Stephen Boissoin and The Concerned Christian Coalition Inc. had contravened section 3 of the Human Rights, Citizenship and Multiculturalism Act by causing to be published in the Red Deer Advocate a publication which was likely to expose homosexuals to hatred and contempt because of their sexual orientation. The panel issued a comprehensive remedy ordering the respondents to pay general damages and expenses to the complainant and provide an apology for the written article, and directing the respondents to refrain from publishing disparaging remarks about homosexuals, and about the complainant and the complainant's witnesses relating to their involvement in the case.
Lynne Karch v. Appeals Commission, Workers' Compensation Board (May 23, 2008; Lori G. Andreachuk, Q.C., Panel Chair)
Retaliation complaint not established:
Lynne Karch filed a retaliation complaint against the Appeals Commission on or about November 2, 2003 alleging she was denied the opportunity to be a part-time appeals commissioner because of a previously filed human rights complaint against the Workers' Compensation Board (WCB). Ms. Karch filed a human rights complaint against the WCB in the area of employment practices on the grounds of physical and mental disability. Several months later, Ms. Karch successfully applied for a position as an appeals commissioner. On July 18, 2003, Ms. Karch withdrew her human rights complaint. Shortly thereafter, the chief appeals commissioner indicated that he would be seeking to revoke her appointment, as a reasonable apprehension of bias existed. Ms. Karch subsequently resigned. The director of the Human Rights and Citizenship Commission argued that the action of denying Ms. Karch the opportunity to act as a part-time appeals commissioner because she had filed a complaint against the WCB, constituted retaliation under the Human Rights, Citizenship and Multiculturalism Act. The panel dismissed the complaint, holding that that there were other issues between Ms. Karch and the WCB, and that the ultimate decision of "perceived bias" by the chief appeals commissioner was based on these other factors and not the human rights complaint. The panel further held that the fact that the human rights complaint had been withdrawn before the chief appeals commissioner made his decision to revoke the appointment negated a finding of retaliation. This decision has been appealed to the Court of Queen's Bench.
Meseret Workeneh v. 922591 Alberta Ltd. o/a Community Comfort (May 14, 2008; Diane Colley-Urquart, Panel Chair)
Employment practices not found to be discriminatory on the basis of race and colour:
Meseret Workeneh, who is black, filed a complaint in the area of employment practices on the grounds that other employees, who were white, received substantially higher wages. Ms. Workeneh was paid $1200 per month with an increase to $1600 per month. Her work hours were from Sunday to Thursday from 5:00 p.m. to 8:00 a.m. with one extra hour each Monday. Ms. Workeneh alleged that other workers were paid between $10 and $12 an hour which was considerably more than she received on her monthly salary. The panel held that considerable hearsay and circumstantial evidence were provided by the complainant and that it was difficult for the panel to substantiate the evidence, including the salaries of other employees, as no other witnesses were called. The complaint was dismissed. This decision has been appealed to the Court of Queen's Bench.
Jaspal Randhawa v. Tequila Bar & Grill Ltd. o/a Tequila Nightclub (March 17, 2008; Diane Colley-Urquart, Panel Chair)
Nightclub found to have discriminated in denying entrance to complainant based on colour, race, place of ancestry and religious beliefs:
Jaspal Randhawa filed a complaint alleging discrimination on the grounds of colour, race, ancestry and religious beliefs when he was denied admittance to the respondent's nightclub. The complainant alleged that when he and some friends attempted to gain admittance to the nightclub, a doorman told them that the line up was under surveillance by management and when they reached the entrance, another doorman would be instructed to ask them for several pieces of identification. The complainant and his friends responded that they had appropriate identification; however, the doorman stated they would then ask for increasing amounts of identification until the complainant could not meet the requirement. The doorman stated that management has a certain image and did not want the clients to say there are a lot of "brown people" inside. The respondent denied using racist policies to determine entrance to the club. The panel found the complainant and his witness credible and concluded that a prima facie case of discrimination had been established, and the respondent failed to justify or explain the reason for the discrimination. The panel ordered the respondent to implement a specific policy on anti-racism and participate in an education seminar conducted by the Commission. The panel also ordered the respondent to pay general damages to the complainant for injury to dignity and self respect in the amount of $5000, as well as travel expenses and interest. This decision has been appealed to the Court of Queen's Bench.
2. Summary of an important court decision related to human rights:
Syncrude Canada Ltd. v. The Alberta Human Rights and Citizenship Commission and Devinder Wadhwa 2008 ABCA 217
Syncrude's appeal to the Court of Queen's Bench dismissed - Alberta's human rights legislation does not contemplate multiple appeals:
A recent decision of the Alberta Court of Appeal confirms a lower court decision which held that appeals of human rights panel decisions can occur only after the panel has issued a final order dealing with the merits of the case. Syncrude had appealed a preliminary decision of the human rights panel which had concluded that Syncrude was an appropriate respondent to the human rights complaint. The Court of Appeal dismissed Syncrude's application stating that Alberta's human rights legislation does not contemplate multiple appeals.
3. Acting chief commissioner: The recruitment of a new chief commissioner is underway. Brenda F. Scragg is serving as the acting chief commissioner until the new chief is named. Ms. Scragg was appointed as a commissioner in December 2002 for a three-year term, and has been re-appointed for another term, which will end on December 31, 2008. Read Ms. Scragg's biography.
4. Coalition of Municipalities Against Racism and Discrimination continues to expand: As of June 2008, a total of 27 municipalities have joined the Canadian Coalition of Municipalities Against Racism and Discrimination. The City of Québec has recently joined the List of Signatory Municipalities who have joined the Coalition.
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.
HUMAN RIGHTS AND DIVERSITY NEWS FROM ALBERTA CULTURE AND COMMUNITY SPIRIT
1. June 27 is Canadian Multiculturalism Day: Canadian Multiculturalism Day is intended to bring Canadians together in order to strengthen mutual understanding and respect. Canadians are encouraged to celebrate the achievements and history of all citizens and to participate fully in the life of our country. The importance of multiculturalism is recognized in the Human Rights, Citizenship and Multiculturalism Act as a fundamental principle and a matter of public policy that "all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity."
2. Other significant days:
June 21 was National Aboriginal Day: Canadians had an opportunity to celebrate the rich cultures and contributions to Canada of First Nations, Inuit and Métis peoples on National Aboriginal Day. Many events were held across the country. Read the information bulletin.
August 6 is Alberta Heritage Day: Celebrated annually, Alberta Heritage Day recognizes and celebrates the province's cultural heritage. This special day has been recognized since 1974, when legislation was passed to dedicate the first Monday of August as Alberta Heritage Day.
September 21 is International Day of Peace: United Nations member countries are calling for worldwide observance of a 24-hour cease-fire and a day of peace and non-violence on September 21. Read more. To learn more about various events and observances planned around the world, visit this website.
See the list of significant days on the Help Make a Difference website.
3. The Human Rights, Citizenship and Multiculturalism Education Fund:
The Human Rights, Citizenship and Multiculturalism Education Fund provides financial assistance to organizations that are making changes in their communities to help foster equality, promote fairness and encourage the inclusion of all Albertans in the economic, social and cultural life of the province.
Grant application deadline: The next deadline for grant applications for the HRCM Education Fund is October 1, 2008.
Projects recently completed:
- The HRCM Education Fund and the Alberta Historical Resources Foundation (AHRF) teamed up to help support Vocational and Rehabilitation Research Institute with the second phase of the project, It's My History Too. The AHRF provided a grant to collect and transcribe oral histories and conduct historical research. The HRCM Education Fund supported the collection, analysis and interpretation of data that will be used to develop education resources that will show how society has erected systemic and attitudinal barriers that disadvantage persons with developmental disabilities.
- The Northern Alberta Alliance on Race Relations Society (NAARR) received a grant from the HRCM Education Fund to conduct a needs assessment. This research explored the state of organizational capacity to undertake anti-racism and social justice work in northern Alberta communities. The research also identified possible resources, supports and sponsors to build a network of community agencies and individuals. The research enabled NAARR to lay the ground work for these communities to participate in anti-racism and cross-cultural education, launched and promoted from Edmonton. The Growing Roots: Maintaining a Diverse Workforce Opportunities and Challenges video conference and workshop was held October 19, 2007 and included participants from Edmonton, St. Paul, Slave Lake, Fort McMurray and Grande Prairie. Read the report and executive summary.
- The Indo-Canadian Women's Association of Edmonton received a grant from the HRCM Education Fund for a project which identified cultural practices that make it difficult for new Canadians to integrate into the mainstream. The project engaged members of ethno-cultural communities to identify what some of those practices might be and how they could be minimized. Information about the Our Cultures, Our Rights - Reconciling Human Rights and Cultural Practice booklet is available by contacting icwaedmonton@yahoo.ca.
- The Wetaskiwin Regional Public Schools, on behalf of Ecole Queen Elizabeth Junior High School, were given a grant from the HRCM Education Fund to help bring Challenge Day, a community youth leadership initiative to the community. The purpose of the grant was to document the experience so that others could learn what is involved and whether it was an effective way to bring people from different racial and cultural backgrounds together to make positive contributions. The Challenge Day experience involved school officials, students, public institutions and the corporate sector in a community collaborative effort to encourage a sense of community responsibility and participation. Read the Challenge Day Report.
Read about other projects that the HRCM Education Fund has funded.
4. 2007 Queen's Golden Jubilee Citizenship Medal: Lieutenant Governor Norman Kwong and Lindsay Blackett, Minister of Culture and Community Spirit, presented the 2007 Queen's Golden Jubilee Citizenship Medal to eight high school students from across Alberta. The recipients received royal recognition for their outstanding contributions to their communities through good citizenship, leadership, community service and volunteerism. In addition to receiving a citizenship medal, each award recipient received a letter of commendation and a $5,000 scholarship. Read the news release and background information about the recipients.
OTHER HUMAN RIGHTS AND DIVERSITY NEWS
Alberta news
1. Employing a Diverse Workforce: Making it Work: Alberta Learning Information Service (ALIS) has released a new publication that provides examples from Alberta employers on how to retain and engage a highly motivated and diverse workforce. This free publication replaces Diversity: A strategy to meet your need for skilled workers, and can be ordered online.
Canadian news
1. Policy review on Internet hate messages: The Canadian Human Rights Commission (CHRC) has launched a comprehensive policy review of how to address Internet hate messages. An independent study will be conducted by Professor Richard Moon, an author and leading constitutional law expert at the University of Windsor. Read the news release.
2. Forum on inclusion and education of students with disabilities: The Canadian Association of Statutory Human Rights Agencies (CASHRA) is presenting a national forum, Defining a Rights Based Framework: Advancing Inclusion of Students with Disabilities, in Toronto on Sepember 25-27, 2008. Details about the forum, including text-based information for screen readers, is available on the website.
3. Multicultural diversity report: In spring 2007, regional roundtables on multicultural diversity were hosted by the Government of Canada's Policy Research Initiative, in partnership with the Department of Canadian Heritage, the Social Sciences and Humanities Research Council of Canada, and the Metropolis Project. A report of these consultations entitled From Mosaic to Harmony: Multicultural Canada in the 21st Century is available online.
4. Handbook on citizenship engagement: The Canadian Policy Research Networks (CPRN) published Handbook on Citizen Engagement: Beyond Consultation by Amanda Sheedy. The handbook is intended to help individuals and organizations develop strategies to engage citizens in setting priorities and making decisions. It offers advice on engaging specific populations including Aboriginal communities. The handbook is available online.
5. Status of Women Canada announced call for project proposals: Funding is available to eligible not-for-profit and for-profit organizations to carry out projects at the local, regional and national levels. Projects must advance the economic, social and democratic situation of women by supporting them directly in their communities. The following issues have been identified as priorities for 2008-2009:
- women's economic security (with a focus on financial literacy)
- women's economic prosperity
- women's leadership development
- women's safety, and elimination of all forms of violence and discrimination against women and girls
The deadline for submissions is July 2, 2008. Visit the Status of Women Canada website for more information.
6. Statistics Canada publications: Statistics Canada has recently released the following publications:
- Sexual orientation and victimization statistics: A new study entitled Sexual orientation and victimization is now available online. From the Statistics Canada website, "Gays, lesbians and bisexuals reported experiencing higher rates of victimization for violent crimes in 2004, including sexual assault, robbery and physical assault, than heterosexuals.The study examined victimization rates, perceptions of discrimination, fear of crime and attitudes towards the justice system among gays, lesbians and bisexuals. It was based on data from the 2004 General Social Survey (GSS), which for the first time asked respondents to identify their sexual orientation."
- Aboriginal peoples statitistics: The first analysis of data on Aboriginal peoples from the 2006 Census has been released. The analysis shows that the Aboriginal population has grown faster than the non-Aboriginal population, and the number of people who identify themselves as an Aboriginal person has surpassed the one-million mark. The analysis, entitled Aboriginal Peoples in Canada in 2006: Inuit, Métis and First Nations, 2006 Census, is available online.
- Hate crime statistics: Hate Crime in Canada examines the nature and extent of hate crime in Canada. From the Statistics Canada website: "Hate-motivated incidents account for a relatively small proportion of both police-reported and self-reported crime. In both cases, race/ethnicity is the most common motivation for these crimes." The study is available online.
RELATED PUBLICATIONS AND RESOURCES
1. Online bibliography for conflict resolution and peacebuilding: Conflict Transformation and Peacebuilding: A Selected Bibliography, an online bibliography hosted by Peacemakers Trust, offers resources for research on conflict resolution, alternative dispute resolution, and peacebuilding or peace studies.
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