Alberta Human Rights Information Service June 24, 2009
In this issue:
Human rights and diversity news from Alberta Culture and Community Spirit
Other human rights and diversity news:
Alberta news
Canadian news
Notice to subscribers
COMMISSION NEWS
1. The Commission has recently updated its website with the following preliminary panel decision about a severance agreement:
Gary Davidson v. HSE Integrated Limited (March 5, 2009; Delano W. Tolley, Panel Chair)
Severance agreement valid and enforceable and therefore the Commission has no jurisdiction to proceed with the complaint: The complainant fireman alleged he was terminated from his employment without cause. At the time of termination, the complainant was presented with a severance agreement, which he signed. The complainant argued that while he was aware at the time he signed the agreement that it was a legally binding document, the agreement was presented to him in an intimidating manner. Further, he argued that he signed the agreement because he was financially desperate for money. The agreement stated the offer was open for a period of one week. The panel held that the complainant had the onus to prove the agreement was invalid. The complainant's evidence was inconsistent regarding the circumstances of the presentation and the signing of the agreement. The complainant did not take advantage of the one-week period in the offer to seek independent legal advice. While the termination and the consequent severance agreement caused the complainant unhappiness and stress, there was no evidence of undue influence or duress. The panel held that the severance agreement was valid and enforceable, and as a result the Commission did not have jurisdiction to proceed with the complaint.
2. Summary of important court decisions related to human rights:
Alberta (Human Rights and Citizenship Commission Panel) v. Tequila Bar and Grill Ltd. (Alberta Court of Queen's Bench, April 16, 2009)
Court of Queen's Bench held that the respondent contravened human rights legislation by refusing entry of Canadian East Indians to a nightclub: The complainant alleged discrimination based on his race and colour when he was refused entry to a nightclub. A human rights panel found that the complainant had not established a prima facie case of discrimination. On appeal, the Court of Queen's Bench overturned the human rights panel decision. The Court held that the director presented fresh evidence and highly relevant evidence that was not obtainable prior to the hearing, which seemed to contradict the position of the respondent. Further, the Court held that if it was wrong to admit the fresh evidence, the matter must have a new hearing because of errors on the face of the record with respect to factual findings, and unreasonable evidentiary rulings which resulted in breaches of natural justice. The matter was remitted back to a differently constituted human rights panel for an assessment of damages. Prior to the panel hearing, the parties settled the complaint.
Workeneh v. 922591 Alberta Ltd. (Alberta Court of Queen's Bench, March 27, 2009)
Court of Queen's Bench held that the respondent contravened human rights legislation by discriminating in the area of employment on the grounds of race and colour: The complainant alleged employment discrimination on the grounds of colour and race. The complainant, who is black, noted that other employees, who were white, received substantially higher wages. A human rights panel found no discrimination. The complainant appealed the human rights panel decision to the Court of Queen's Bench. The Court overturned the panel decision and found discrimination in the area of employment on the grounds of race and colour. The Court found that the two factual findings made by the panel relating to Blue Cross benefits and cleaning duties were not supportable on the face of the record. Further, the Court held that the panel erred in law in its failure to draw certain inferences from the facts. The complainant was black, she was paid substantially less than her white co-workers, and when she attempted to determine what her fellow coworkers were paid, the respondent sent out a letter advising employees not to disclose salary details. The complainant was as qualified for the same type of employment as many of her fellow employees, if not better qualified. The panel further erred in law when it failed to require the respondent to provide a reasonable explanation for the huge discrepancy in salary between the complainant and the other employees. The Court drew the inference on the evidence available and found that the complainant's discrimination complaint had merit. The matter was referred back to a new panel for an assessment of damages.
3. Bill 44 has received Royal Assent:
Bill 44, which makes changes to Alberta's human rights legislation, received Royal Assent on June 4, 2009. Read the history of the bill and read more about Government of Alberta bills and amendments.
The Government of Alberta introduced proposed changes to Alberta's human rights legislation on April 28, 2009. Read the news release.
4. Human rights in the workplace public workshops
Summary of results of spring public workshops: In May 2009, full-day public workshops entitled Human Rights in the Workplace: Creating Respectful and Inclusive Workplaces were held in Edmonton and Calgary. Forty individuals participated in the workshop in Edmonton and 57 in Calgary. A variety of organizations, including small and large businesses, unions, and law enforcement and not-for-profit organizations, were represented at the workshops. These organizations were seeking information on how to create respectful workplaces free from discrimination.
The response to these workshops was very positive. Many participants requested a more detailed workshop on drug and alcohol testing, and the duty to accommodate religious beliefs and mental and physical disabilities. As a result, the Commission will be scheduling workshops on these topics in the future.
Fall public workshops scheduled: Four human rights in the workplace public workshops are now scheduled for fall 2009, including one workshop that is offered in partnership with the Northern Alberta Alliance on Race Relations (NAARR). The workshops, intended for managers, supervisors, team leaders, human resource professionals, union leaders, and small business owners, will provide participants with:
- an overview of Alberta's human rights legislation,
- information on preventing harassment in the workplace, and
- information from the workshop module Duty to accommodate.
Fall public workshops are scheduled as follows:
Red Deer: September 9, 2009
Lethbridge: September 23, 2009
Edmonton: October 14, 2009*
Calgary: October 28, 2009
*This workshop, offered in partnership with NAARR, will offer information on cultural competency, in addition to an overview of Alberta's human rights legislation and information on preventing harassment in the workplace.
Read more about the workshops. A registration form is available online.
5. Coalition of Municipalities Against Racism and Discrimination (CMARD) update on the Welcoming and Inclusive Communities initiative:
The Commission is partnering with Alberta Culture and Community Spirit and the Alberta Urban Municipalities Association (AUMA) to convene a networking meeting of Alberta municipalities working to build welcoming and inclusive communities (WIC). The meeting, to be held in September 2009, will be an opportunity for municipalities to learn about and share strategies for building WIC communities.
The September event follows the March 19, 2009 meeting of Alberta member CMARD municipalities involved in building welcoming and inclusive communities, which took place in Calgary. The meeting of Alberta municipalities took place after the second pan-Canadian working meeting of CMARD member municipalities.
The Commission, AUMA, and Alberta Culture and Community Spirit are members in a three-year WIC partnership to support municipalities in building their capacity to be welcoming and inclusive, and to combat racism and discrimination.
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. The Human Rights, Citizenship and Multiculturalism Education Fund:
The Human Rights, Citizenship and Multiculturalism Education Fund provides financial assistance to community organizations to help make changes that will:
- foster equality and reduce discrimination and racism,
- remove organizational barriers that exclude some Albertans, or
- increase community capacity to develop and sustain work in building inclusive organizations and communities.
If you are considering applying for financial assistance from the HRCM Education Fund, now is the time to contact a grant consultant who works with the Education Fund. The consultant will assist you with the application process and advise you on your project. The next grant deadline is October 1, 2009. Grant guidelines and the application form are available online.
Read about projects that the HRCM Education Fund has funded.
2. Significant dates:
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.
June 27 is Canadian Multiculturalism Day: Canadian Multiculturalism Day is an opportunity for Canadians to celebrate the country's rich cultural diversity and recognize the role that all citizens play in helping to build vibrant and prosperous communities that benefit everyone. Multiculturalism Day is also an opportunity for Albertans to reflect on their individual roles in helping to ensure that communities are welcoming and inclusive for all. Learn more about Government of Alberta programs and services that support diversity and human rights in the province. Read the Government of Alberta information bulletin about Canadian Multiculturalism Day.
Canadian Multiculturalism Day, National Aboriginal Day (June 21) and Saint-Jean Baptiste Day (June 24) are part of Celebrate Canada, a week long celebration of events culminating on July 1, Canada Day.
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. 2008 Queen's Golden Jubilee Citizenship Medal: Lieutenant Governor Norman Kwong and Minister of Culture and Community Spirit Lindsay Blackett presented the 2008 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. Each award recipient received a citizenship medal and a $5,000 scholarship. Read the news release and background information about the recipients.
OTHER HUMAN RIGHTS AND DIVERSITY NEWS
Alberta news
1. Alberta students with vision loss can access new specialized website: Alberta students with vision loss can now access online resources, training and support through the new Vision Education Alberta website. The website is a unique place for Alberta students with vision loss, their families, classroom teachers, educational assistants, vision teachers, other vision specialists, and education stakeholders. The website offers access to important information including: news and upcoming events; a loan catalogue for alternate format materials such as Braille, large print, audio and e-text; video training clips for specialized equipment; and other educational resources. The website was developed through the Services for Students with Vision Loss Initiative, which was announced in May 2008 with a $9 million government commitment to enhance educational support for students who are blind or visually impaired. Read the news release.
2. Albertans with disabilities have opportunity to test their limits in nature: On August 8 and 9, 2009, people with disabilities have an opportunity to camp, kayak and ride park trails in the 2009 Alberta Access Challenge. The Government of Alberta, in partnership with the Friends of Kananaskis Country and the Community Recreation Initiatives Society, will host the challenge at Peter Lougheed Provincial Park in Kananaskis Country. The Access Challenge is designed to encourage people with disabilities to visit provincial parks through the use of adaptive equipment that removes barriers to participation.
The Government of Alberta is committed to supporting the participation of all people in provincial park experiences and programs. One of the strategies under Alberta's Plan for Parks is to implement an inclusion strategy to enhance visitor experiences. Work is underway to remove physical barriers in new and existing parks facilities as well as in programs and daily operations. You can find more information about barrier-free facilities and programs available through provincial parks and about the Access Challenge in the Government of Alberta information bulletin and backgrounder.
3. New and enhanced programs help Albertans achieve literacy goals in their communities: A $2.1-million investment will provide greater access to literacy for adult learners throughout Alberta. Under the new funding, 16 Community Learning Centre and Foundational Learning projects will deliver literacy programming in 37 communities. The projects are a key element of the Ministry of Advanced Education and Technology's Adult Literacy Action Plan. A number of projects will address underrepresented groups in literacy learning such as First Nations, Métis, and Inuit communities, as well as persons with disabilities and seniors. In addition, expanded opportunities for learners to bridge to apprenticeship training or other post-secondary training will be available in rural as well as urban communities. Read the news release which includes a list of funded community literacy projects for 2008-09.
4. A program for agencies and businesses to help fight discrimination: A new program, Safe Harbour: Respect for All, encourages agencies and businesses to help fight discrimination. From the Safe Harbour website: the program "is about a vision in action: creating opportunities for storefront businesses, institutions, agencies, and entire municipalities to celebrate our differences, helping to create safer, more welcoming communities that support diversity and reject discrimination." Participating organizations offer equitable treatment to all clients and/or customers; provide a safe harbour or temporary safe place where someone who has experienced mistreatment will receive a helping hand; and prepare employees to be aware of discrimination and to welcome marginalized members of the community. Each Safe Harbour participant displays a window decal, a certificate, and other signage.
5. Youth website and resources address gaps in violence prevention services: The Youthsafe Resource Committee has created a website entitled, Youthsafe.net, which offers a guide to resources for gay, lesbian, bisexual, transsexual, transgendered and questioning youth. From the website: "The goals of the Youthsafe Resource Committee are to: promote learning, awareness and understanding about problems that youth with sex-and-gender differences face in their schools and communities; increase safety for these marginalized youth; create greater access to services for gay, lesbian, bisexual, transgendered, transsexual, and questioning youth; and facilitate a means for service providers at violence prevention agencies to be trained around issues faced by communities with sex-and-gender differences."
6. New community-designed Aboriginal organization: A grant of $190,000 from Alberta Aboriginal Relations will help establish Wicihitowin: Circle of Shared Responsibility Society, a new community-designed organization that will address issues facing Edmonton's growing Aboriginal population. Wicihitowin is a Cree word meaning "they help each other." The funding will support the organization's operations including research for solutions to issues such as health, employment, housing, education, economic development, community information and cultural programs. Read the news release.
7. Website promoting persons with disabilities in the workplace: Viable Calgary is a workforce initiative focused on increasing the engagement of persons with disabilities in the workplace. Information for employers as well as best practices concerning hiring and accommodating disabled workers are available through their website.
8. Report on exploited temporary foreign workers: The Alberta Federation of Labour has released the Second Report of the Alberta Federation of Labour Temporary Foreign Worker Advocate entitled, Entrenching Exploitation. The report provides an update on the state of the Temporary Foreign Worker Program, examines how the economic downturn is affecting the working and living conditions of temporary foreign workers, and offers recommendations.
Canadian news
1. Recent statistics on hate crime in Canada: Statistics Canada has released a report titled, Police-reported hate crime in Canada, 2007, which notes that the number of hate crimes reported in 2007 is down from the number reported in 2006. Race or ethnicity, the most common motivation for reported hate crimes, accounts for 64% of the total number of police-reported hate crimes in 2007. Read the summary and the report.
2. Job applicants with foreign names face discrimination: A recent study by University of British Columbia professor Philip Oreopoulos finds that job applicants with English names have a greater chance of getting interviews than those with Chinese, Indian or Pakistani names. The report, Why Do Skilled Immigrants Struggle in the Labor Market? A Field Experiment with Six Thousand Résumés is available online.
3. Online tool for employers hiring immigrant workers: The Toronto Region Immigrant Employment Council launched a free online tool to help employers learn strategies and techniques to recruit and retain skilled immigrants more effectively. The hireimmigrants.ca Roadmap website offers tools, tips, resources, and guides geared towards every stage of the human resources cycle.
4. Report on freedom of expression and freedom from hate on the Internet: The Canadian Human Rights Commission has recently released Special Report to Parliament: Freedom of Expression and Freedom from Hate in the Internet Age. The report provides an analysis of the current debate regarding the most effective way to prevent harm caused by hate messages on the Internet while respecting freedom of expression.
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