Alberta Human Rights Information Service September 30, 2008
In this issue:
Human rights and diversity news from Alberta Culture and Community Spirit
Other human rights and diversity news:
Canadian news
International news
Related publications and resources
1. Seeking nominations for the Diversity Leadership Award of Distinction: Nominations are now open for the Alberta Human Rights and Citizenship Commission Diversity Leadership Award of Distinction. The Diversity Leadership Award recognizes organizations that welcome diversity in their workforces, are eliminating discrimination and barriers to employment, and are helping to build respectful and inclusive workplaces. The Diversity Leadership Award is one of the Alberta Business Awards of Distinction. Organizations in all sectors, including businesses, community organizations and public institutions, are eligible to apply. The deadline for nominations is November 26. Applications are submitted online.
2. The Commission regularly updates its website with panel decisions as they become available. Here are summaries of panel decisions that have recently been posted:
Shelley Weimer v. Richards Packaging Inc. (August 26, 2008; Diane Colley-Urquhart, Panel Chair)
Employment practices not found to be discriminatory on the basis of gender/pregnancy: The complainant alleged discrimination on the grounds of gender in the area of employment practices after her employment as general manager with the respondent was terminated allegedly because she was pregnant. The respondent argued the complainant's employment was terminated because of her poor performance and that the respondent became aware of the complainant's pregnancy after the decision was made to terminate her employment. The complaint was dismissed. The complainant failed to show evidence that her pregnancy was a factor in her dismissal from employment. The panel found there was significant evidence to indicate that the decision to terminate was made the day prior to the complainant's termination. The complainant failed to prove that her employment was terminated even in part due to her pregnancy or that it was a factor. She failed to establish that someone within the company knew she was pregnant prior to the company making the decision to terminate her.
Istvan Stein v. City of Calgary (August 13, 2008; Delano W. Tolley CD, Panel Chair)
Discrimination based on place of origin and ancestry not established: The complainant alleged discrimination on the basis of ancestry and place of origin in the area of the respondent City's provision of services customarily available to the public. The complainant accused the City and its bylaw enforcement officer of making discriminatory, insulting and disparaging comments to the complainant. The complainant was ordered by the respondent to remove a fence and shrubs the complainant placed on City property adjacent to the complainant's property. The complainant alleged that during telephone conversations regarding the removal order, the bylaw officer made comments regarding the complainant being an immigrant to Canada and made comments about the complainant's poor grasp of English. The complaint was dismissed. The complainant failed to provide sufficient evidence to establish a prima facie case of discrimination.
3. Summaries of important court decisions including a judicial review related to human rights:
Delorie Walsh v. Mobil Oil Canada (also known as ExxonMobil Canada Ltd.) and Alberta Human Rights Commission 2008 ABCA 268
Alberta Court of Appeal upholds findings of discrimination and retaliation and sets out legal test for retaliation: Delorie Walsh was employed by Canadian Superior Oil, which later merged with Mobil, since 1984. She eventually worked her way up in the company to become a land agent in the field. In August 1991, Walsh filed a human rights complaint alleging discrimination based on gender, more specifically that despite her abilities, she had been prevented from advancing and did not receive appropriate designation or compensation similar to that provided to her male colleagues with equivalent qualifications and experience. On August 15, 1995, Walsh filed a second human rights complaint, alleging that Mobil retaliated against her for filing the original human rights complaint. A human rights panel held at first instance that some of Mobil's actions were discriminatory (compensation and designation), but that certain other actions of Mobil did not constitute discrimination or retaliation. On appeal, Justice Macleod from the Court of Queen's Bench found that Mobil had both discriminated and retaliated against Ms. Walsh. The Court also specifically gave the panel direction with respect to damages and ordered solicitor/client costs against Mobil. On further appeal to the Court of Appeal, the Court upheld the substantive findings of discrimination and retaliation but enunciated a different test for retaliation. A majority of the Court of Appeal stated that while it will be a "rare day" that a respondent will admit to retaliating against a complainant, however, there must be an element of intention by the respondent (inferred by the circumstances) in order to prove retaliation. Additionally, the Court of Appeal overturned the Queen's Bench Justice on the damage award, saying that the matter of damages must be left to the human rights panel. Finally, a majority of the Court of Appeal overturned the award of solicitor/client costs, stating that these types of costs are only awarded when the behaviour has been reprehensible or scandalous.
Salem Soliman Ahmed v. Edmonton Public School Board and L.B. Yaniw 2008 ABQB 351
Courts have no jurisdiction in discrimination matters that are covered by human rights legislation: The complainant alleged religious discrimination after his daughter was denied admission to a senior high school. The Commission investigator found that admission to the school was based on academic performance and that there were more applicants annually than there were available seats. The complainant provided evidence of only "a sense" or a "feeling" for his conclusion that his daughter being denied admission to the school was based on religious reasons. The investigator found no religious bias, and the chief commissioner dismissed the complaint. The complainant applied to the Court of Queen's Bench for a judicial review of the chief commissioner's dismissal, but the application was dismissed because courts have no jurisdiction in discrimination matters that are covered by human rights legislation. The complainant did not allege any error by the Commission, in which case the court might have undertaken a judicial review. The Supreme Court of Canada has recently confirmed that discrimination is not an independent actionable wrong, that is, that courts have no jurisdiction in discrimination matters that are covered by human rights legislation.
4. Coalition of Municipalities Against Racism and Discrimination (CMARD) update: A report outlining developments among signatory municipalities of the Coalition of Municipalities Against Racism and Discrimination over the past year is available to read online. The report includes examples of cooperation and partnership within Canada and abroad.
5. Launch events for Human rights in Alberta: In early June 2008, the Commission held events in Edmonton and Calgary to launch a new plain language publication, Human rights in Alberta. The launch events were co-hosted by Norquest College in Edmonton and Immigrant Services Calgary in Calgary. Both events were well attended by educators and representatives of community organizations, who were introduced to the new resource by Cassie Palamar, Director of Education and Community Services, and Brenda Scragg, Acting Chief Commissioner. Read more about the launch events.
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. Significant days:
September 21 was the International Day of Peace: On September 21 of each year, the United Nations asks warring parties around the world to observe one day of cease-fire. Read more about ideas, resources and, events that took place to recognize the day.
October is Women's History Month: This year's theme for Women's History Month, Women in the Lead, provides an opportunity to recognize and honour girls and women in the past and present who have opened doors for others to follow.
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. Scholarship applications are available online.
November 25 is the International Day to End Violence Against Women: From Unifem's website: "Violence against women and girls is a universal problem of pandemic proportions." Check this website for more information and download materials for a campaign toolkit.
November 25 - December 10: 16 Days of Activism Against Gender Violence: Human Rights for Women - Human Rights for All: UDHR60, the 2008 theme, celebrates the 60th anniversary of the Universal Declaration of Human Rights (UDHR) and focuses on making demands to advance women's human rights. Read more and download a TakeAction Kit.
November is Family Violence Prevention Month: END the Silence STOP the Violence reminds Albertans that everyone plays a role in supporting those who are living with family violence. Alberta Children's Services provides a toll-free province-wide 24-hour Family Violence Information Line at 310-1818. This information line is intended to offer further support to reach out to individuals and families who may be impacted by family violence. E-tools are available to assist community groups in planning family violence prevention events.
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.
See the list of significant days on the Help Make a Difference website.
2. 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.
Update on grant program: The Minister of Culture and Community Spirit, Honourable Lindsay Blackett, has approved a modification to the HRCM Education Fund grant program that will lower the amount of project funding required from other sources for non-profit organizations. Public institutions will continue to have to contribute at least 50% toward project costs from other sources. The HRCM Education Fund Advisory Committee made this recommendation in response to stakeholder feedback.
Grant recipients: Over $725,000 in grants from the HRCM Education Fund will help 12 non-profit organizations promote human rights, remove barriers to participation and challenge racism in Alberta. Read the news release and learn more about what these organizations are doing.
Grant application deadline: The next deadline for grant applications for the HRCM Education Fund is October 1, 2008.
Scholarship awarded: A University of Calgary PhD student and a University of Alberta master's student were both granted the Alberta Award for the Study of Canadian Human Rights and Multiculturalism, enabling them to undertake research to assist teachers working with diverse student populations. This is the first year that the scholarship has been awarded to both a master's and a doctoral student. The intent of the scholarship is to help develop expertise about effective ways to reduce discrimination and to support the full participation of Albertans in all aspects of life. Read the news release.
Projects recently completed:
- With support from the HRCM Education Fund, AIDS Calgary Awareness Association developed the OutRights: Calgary Blueprint for Action document. The document, created through dialogue and consultation, is intended to assist individuals and organizations to implement concrete educational strategies that will reduce discrimination and stigma experienced by the gay, lesbian, bi-sexual and trans-identified communities. These materials are intended to change attitudes and behaviours.
- The Alberta Council of Disability Services received a grant from the HRCM Education Fund to develop training materials for service providers to assist them to understand how their attitudes can limit the ability of persons with disabilities to contribute fully to society. Self-advocates and their families were involved in the development and testing of the educational materials. This process provided an opportunity for those most affected to influence change among those who work with people with disabilities.
- With a grant from the HRCM Education Fund, the Capital Health - Royal Alexandra Hospital designed and piloted an in-service training curriculum for nurses and staff. The Tehe Wapta: Aboriginal Cultural Awareness curriculum was developed in response to the health needs, issues, and concerns of the Aboriginal community. These educational materials will be used in the ongoing training and development of staff. The development of these educational materials included a literature review; assessment of staff learning needs relative to Aboriginal health needs and cross-cultural interactions; and a review of policies and procedures. This project supported the hospital's desire to remove cultural barriers that limit the provision of quality health care. For more information contact the Aboriginal Health Program at 780-735-5326 or visit their website.
- The Lethbridge Womanspace Resource Centre received funding from the HRCM Education Fund to strengthen the skills, knowledge and motivation of women to become leaders in their community and to take action on community issues of concern to them.
A number of resources are available on the Womanspace website as a result of this funding. Women's Motivation for Political Participation is a paper that uses data from women's focus groups to understand some of the experiences of these women with respect to their political interest, knowledge and efficacy. The Personal is Political: A Guide to Civic Participation is a PowerPoint presentation that provides information to encourage and empower women to be able to use and enhance their skills to influence policy decision making in Canada. Finally, In Her Way: A Manual for Women's Political Action is a how-to manual that provides strategies for encouraging political participation and developing leadership among women. For more information, contact the Womanspace Resource Centre at 403-329-8338 or office@womanspace.ca. - The John Humphrey Centre for Peace and Human Rights has developed a second resource as a result of a conference held in October 2006, Building World Peace: The Role of Religions and Human Rights, which previously received funding from the HRCM Education Fund. Those attending the event explored the role of religion as an instrument of peace and non-violence. The proceedings of this event are highlighted in the Now We Must Change report.
- The Building World Peace: Some Assembly Required CD and teaching resource focuses on key lessons on multiculturalism, diversity, Aboriginal issues, and global citizenship. Social studies teachers may use this resource for the 10-1 module, Perspectives on Globalization, to guide students through the process of identifying issues related to the development of peace and human rights, explore background information, and develop decision-making skills enabling them to take action for change. This resource is available for purchase on a cost-recovery basis. Contact info@jhcentre.org for more information.
- The development and the piloting of the CADA Diversity Assessment Tool was funded in part by the HRCM Education Fund through the Central Alberta Diversity Association. The tool and information gathering process is designed to give diversity committees within organizations valuable information that can be used to plan next steps toward building an inclusive workplace that attracts and retains the best people. The assessment tool will assist organizations to remove barriers to full participation.
CADA also created the Aboriginal Voices DVD and accompanying guide with funding from the HRCM Education Fund. The DVD is intended to increase understanding of how both the negative effects of racism, and the positive aspects of what a community can do to include Aboriginal people, can have an impact on making a more inclusive place for all to live. For information on these resources contact the Central Alberta Diversity Association at 403-340-2143 or by e-mail at cadassoc@telus.net.
Read about other projects that the HRCM Education Fund has funded.
3. Updated Pathways to Change publication: A revised edition of the Pathways to Change publication has been posted on the Culture and Community Spirit website. The Pathways to Change Model summarizes and integrates in a brief visual diagram, both the academic literature and the practical wisdom of equality-seeking organizations on the ways of effecting positive changes that lead to full civic engagement. The model presents several routes to change, with multiple steps or strategies along the way. The publication includes examples of indicators for initial, intermediate and long-term outcomes.
OTHER HUMAN RIGHTS AND DIVERSITY NEWS
Canadian news
1. Take our Girls to Vote: Equal Voice, a group of women and men who are concerned about Canadian politics and promoting the election of more women, has launched a new cross-country initiative, Take our Girls to Vote. This initiative asks Canadians to pledge to take a young girl in their life (for example, daughters, nieces, neighbours) with them to the polls on election day. The aim is to encourage young girls to participate in the Canadian democratic and political process. Read the news release and register a pledge online. Equal Voice also offers a free online course, Getting to the Gate, which aims to increase the number of elected women by providing practical tools for women of all ages, backgrounds and walks of life interested in running for public office.
2. Human rights protection to First Nations people: In June 2008, Royal Assent was given to Bill C-21 which extends human rights protection to First Nations peoples living under the Indian Act. The bill repeals section 67 of the Canadian Human Rights Act which denied full access to human rights law under the Act to First Nations peoples. Read the news release.
3. Discrimination prevention forum: The Canadian Human Rights Commission is presenting the 2008 Discrimination Prevention Forum: Making an Impact, on October 27 to 29, 2008 in Ottawa. The forum is an opportunity for employers, managers, decision-makers, policy makers and employees to make an impact in their workplace by paving the way to inclusiveness, preventing discrimination, and changing corporate culture. A mini-forum is being offered in Edmonton on October 29, 2008.
4. Increased support for mental health: The federal government more than doubled the Mental Health Commission of Canada (MHCC) budget to $130 million over ten years. The MHCC, a non-profit organization, was created in August 2007 to focus national attention on mental health issues. The MHCC has started a number of major initiatives and projects, including a 10-year national campaign to reduce stigma and discrimination experienced by people living with mental health problems and illnesses. Read the news release.
5. Ukrainian Famine and Genocide Memorial Day: In recognition of the 75th anniversary of the Holodomor, the Canadian Parliament passed into law the Ukrainian Famine and Genocide (Holodomor) Memorial Day Act (Bill C-459). The Holodomor is the genocide and famine that was deliberately planned and executed to destroy the Ukrainian peoples' aspirations for a free and independent Ukraine. Read the news release. The League of Ukrainian Canadians has created educational materials.
International news
1. 60th anniversary of the Universal Declaration of Human Rights (UDHR): December 10, 2008 will mark the 60th anniversary of the signing of the Universal Declaration of Human Rights. Organizations in Canada and across the world are currently planning activities to commemorate the anniversary. Read the special issue of Info60, an online newsletter from the Office of the United Nations High Commissioner for Human Rights offering information to inspire people everywhere to mark the 60th anniversary. The special issue includes information about the official UDHR 60 logo, including how to access and use the logo in commemorative activities and materials.
Visit the Youth information and resources page on the Commission's website to access a new interactive youth website developed in commemoration of the 60th anniversary of the UDHR.
RELATED PUBLICATIONS AND RESOURCES
1. World Health Organization report: The World Health Organization released the report Closing the gap in a generation: Health equity through action on the social determinants of health. The report highlights social inequities and human rights issues, including gender discrimination and lack of inclusion, as some of the major barriers to health equity. Read the news release.
2. Resources for human rights educators: Civics Canada Online offers a website which provides printable versions of resources for lesson plans and activities for human rights educators.
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