Canadian Human Rights Act (6:IV)

The Canadian Human Rights Act [CHRA] prohibits certain forms of discrimination in the federal jurisdiction. As mentioned above, that jurisdiction is set out in s 91 of the Constitution Act, 1867. The CHRA applies to both public and private bodies and individuals and covers federal departments and agencies, federal Crown corporations, chartered banks, the broadcast media, airlines, buses and railways that travel between provinces, First Nations, and other federally regulated industries such as mining operations.

A. Prohibited Grounds of Discrimination

The eleven prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, conviction for which a pardon has been granted, and mental or physical disability (including previous or present alcohol dependence). These grounds apply to all activities covered by the CHRA. Section 3(2) explicitly makes discrimination on the grounds of pregnancy illegal and s 14(2) explicitly prohibits sexual harassment.

Note that the federal equal pay provisions are broader than the provincial ones since it is discriminatory practice to pay different wages to female and male employees for work of “equal value”, even if the work itself is not similar. Factors considered when defining “equal value” include skills required, responsibilities, and working conditions. Pursuant to s 65(1), employers are liable for the discriminatory acts of their employees.

B. Activities Where Discrimination is Prohibited

The activities where discrimination is prohibited include:

• a) the provision of goods, services, facilities or accommodation customarily available to the general public;
• b) the provision of commercial premises or residential accommodation; c) employment, employment application advertising, and membership in, or benefit from, employee organizations;