Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Canada (Ratification: 1964)

Federal level

1. Article 1 of the Convention. Sexual harassment. The Committee notes the Government’s response to the communication of the International Confederation of Free Trade Unions (ICFTU) with respect to the prevalence of sexual harassment of women in employment. The Government provides statistics indicating that, for a two-year period ending in May 2005, 158 cases of sex discrimination with an allegation of harassment were filed with the Canadian Human Rights Commission. Of these cases, only seven went to a hearing, 26 were settled and two were settled through pre-hearing processes. Given the indication of the high prevalence of sexual harassment of women in employment, and the low numbers of complaints filed and heard, the Committee again requests the Government to provide information on the specific measures taken to address sexual harassment. The Committee would also like to continue receiving information of the sexual harassment cases filed and the outcome of the proceedings, including whether or not the complaint was successful.

2. Discrimination on the grounds of political opinion and social origin. The Committee recalls that the Canadian Human Rights Act does not prohibit discrimination on the grounds of political opinion and social origin. The Government states that the inclusion of social condition has been recommended by the Canadian Human Rights Commission, and that consultations were undertaken in 2004 on this issue with a variety of stakeholders, including employers, trade unions, NGOs and relevant ministries. As a result of these consultations, the Government notes that there is a general recognition of the need to add social condition as a new prohibited ground. With respect to political opinion as a prohibited ground of discrimination, this will be examined by the Commission in the near future. The Committee notes the importance of prohibiting discrimination on all the grounds enumerated in the Convention, including political opinion and social origin, and requests the Government to take the necessary measures to amend the Canadian Human Rights Act to include these grounds, and to provide information on any action taken or envisaged in this respect.

3. Article 2. Employment equity designated groups – women, visible minorities, persons with disabilities and aboriginal peoples. The Committee notes that the Canadian Human Rights Commission has undertaken audits to verify that employers under federal jurisdiction comply with the Employment Equity Act. The Committee recalls that the Employment Equity Act requires employers to adopt policies and practices to ensure that all four employment equity designated groups, namely, women, visible minorities, persons with disabilities and aboriginal peoples, have equal access to employment. As of 31 May 2005, the Commission had undertaken audits of approximately half the employers subject to the Act, representing 77 per cent of the workforce to which the Act applies. It found that 192 employers were in compliance with the Act and required the others to take action to achieve compliance. The Committee also notes the statistics provided by the Government regarding the representation of the designated groups in the public and private sectors under federal jurisdiction. These statistics indicate some progress, though not with respect to persons with disabilities, with their representation remaining unchanged at 2.3 per cent since 1997. The Government also indicates that visible minorities remain under-represented in the federal public service, and that in this context an Embracing Change Future Directions Strategy is being developed. The Committee requests the Government to continue to provide information on the status and outcome of the audits undertaken by the Canadian Human Rights Commission regarding the employment equity designated groups. The Committee also requests information on the status and outcome of the revision process of the employment equality and duty to accommodate policies which derive from the Employment Equity Act. The Committee would also welcome updated statistics on the progress achieved in increasing the representation in employment of the designated groups, as well as further information on the Embracing Change Future Directions Strategy.

4. The Committee notes that the Government refers to the Racism-Free Workplace Strategy, developed in 2004-05 in support of the Employment Equity Act, which is to be implemented over the next five years. The Committee requests information on the elements of this strategy and the results achieved.

5. The Committee notes from Canada’s report under the International Convention on the Elimination of All Forms of Racial Discrimination that the Court Challenges Program (CCP), funded by the Department of Canadian Heritage, provided “financial assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups” (CERD/C/CAN/18, 5 April 2006, page 22). The report goes on to highlight the significance of the CCP in the pursuit of equality rights of groups that would not otherwise have been able to do so. The Committee understands that, despite the success of this programme determined through an evaluation undertaken in 2003, the Government has decided to eliminate the funding for the CCP. The Committee requests information regarding the suppression of the CCP, and what other measures are envisaged to ensure disadvantaged groups are able to pursue equality claims in court.

6. The Committee welcomes the information provided regarding the activities of Status of Women Canada (SWC), including regarding the awareness-raising activities, research, the review of the Live-in Caregiver Program, and work with aboriginal women’s organizations. The Committee notes in particular the work SWC undertook with Statistics Canada to develop a document entitled Women in Canada: A Gender-based Statistical Report which was published in 2006. The Committee notes from that report that there has been an increase in the percentage of women who were born outside the country, are members of a visible minority, are a member of the aboriginal population, or are disabled (pages 23-25, 54). The Committee notes that according to the report there has been a dramatic increase in employment levels of women with young children, accompanied by a substantial increase in the number of licensed childcare spaces available to families over the last decade (pages 105, 108). The report evidences, however, that the majority of employed women continue to work in occupations in which they have traditionally been concentrated, and there has been virtually no change in the proportion of women employed in traditionally female-dominated occupations over the past decade. The share of women in management positions also decreased from 1996 to 2004, and women tend to be better represented in lower level positions than at more senior levels (page 113). The Committee again requests the Government to provide information on measures taken or envisaged to promote gender equality in employment and occupation, including through addressing gender imbalances with respect to unpaid work. The Committee also requests information regarding measures to promote the employment of women in non-traditional occupations and in management positions.

7. With respect to the Live-in Caregiver Program, the Committee notes that the Committee on Economic, Social and Cultural Rights has recommended that Canada adopt effective measures to eliminate exploitation and abuse of migrant domestic workers who are under the federal Live-in Caregiver Program (E/C.12/CAN/CO/4 and CO/5, paragraph 49, 19 May 2006). The Committee requests the Government to provide information regarding the nature of the Live-in Caregiver Program, the outcome of the review of this Program, and any measures taken or envisaged as a result of the review.

8. Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee recalls that section 15 of the Employment Equity Act requires employers to consult and collaborate with employee representatives on the implementation of employment equity. The Committee notes that following up on the parliamentary committee recommendations to strengthen labour-management consultations under this provision, research has been undertaken and plans are under way to bring employers and unions into a regional partnership forum to implement aspects of employment equity. The Committee also notes the Government’s statement that, as a result of the equity audits referred to above, there has been a greater participation of trade unions and employees regarding the implementation of employment equity. The Committee looks forward to receiving information regarding the establishment of the regional partnership forum, once it is established, including with respect to its mandate and activities.

Provinces and territories

9. Legislative developments. The Committee notes the legislative developments in New Brunswick, Newfoundland and Labrador, Nunavut, Ontario and Quebec. With respect to the New Brunswick Human Rights Act, the Committee notes with interest that “social condition” and “political belief or activity” have been added as prohibited grounds of discrimination with effect as of January 2005. The Committee requests the Government to provide information on the impact of the new provisions, and what, if any, exemptions for social condition discrimination have been required or authorized by an Act of the Legislature, as permitted under the New Brunswick Human Rights Act. The Committee also requests information as to the status of Bill 62, An Act to Amend the New Brunswick Human Rights Act, regarding mandatory retirement.

10. The Committee notes that in Newfoundland and Labrador, the Human Rights Code was amended to allow preferences to be given to the Inuit under the Voisey’s Bay/Inuit Impact and Benefits Agreement of July 2002. The Government points out that the amendment prohibits retroactively the right of Caucasians to file complaints when denied employment opportunities because of the Benefits Agreement, and that in June 2005 the Human Rights Commission dismissed complaints of four Caucasians seeking employment at Voisey’s Bay because of the effect of the amendment. The Committee requests to be kept informed of the impact of this amendment on Inuit and non-Inuit workers.

11. The Committee notes that the Human Rights Act (Nunavut) came into force in November 2004, and prohibits discrimination on the grounds of race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, marital status, family status, pregnancy, lawful source of income and a conviction for which a pardon has been granted. The Committee notes that the ground of social origin is not included as a prohibited ground, and requests the Government to provide information regarding how protection against discrimination based on social origin is ensured in practice.

12. The Committee notes that the Spousal Relationships Statute Law Amendment Act, 2005, was adopted, amending the definition of “spouse” in Ontario laws to include same-sex relationships, to reflect the fact that same-sex couples may marry in Ontario. The Committee notes further that the Act to amend the Human Rights Code and certain other Acts to end mandatory retirement was also adopted in 2005, as well as the Accessibility for Ontarians with Disabilities Act. The latter Act establishes mechanisms to develop, implement and enforce standards aimed at achieving accessibility for Ontarians with disabilities, including with respect to employment, by 1 January 2025. The Committee also notes the various government initiatives aimed at preventing discrimination in employment of persons with disabilities. The Committee requests the Government to provide information on the implementation of the above-noted Acts, and their impact on promoting equality of opportunity and treatment in employment and occupation.

13. In the Province of Quebec, the Committee notes that in December 2004 the Act respecting equal access to public bodies was amended to include persons with disabilities among the target groups that are able to benefit from affirmative action programmes in employment. The Committee requests the Government to provide information on the affirmative action programmes developed pursuant to the Act, and their impact.

14. Prohibition of discrimination. Northwest Territories. The Committee notes that the Government has not been able to reply to the Committee’s previous request for information on the application of the new provisions and the functioning of the new institutions and procedures under the Human Rights Act 2002. The Committee requests the Government to submit this information with its next report.

15. Grounds of discrimination. Prince Edward Island. In reply to its previous comment regarding the absence of social origin as a prohibited ground of discrimination, the Committee notes that the Government points out that “source of income” is a prohibited ground pursuant to the Human Rights Act. The Committee draws the Government’s attention to the fact that the ground of “source of income” is much narrower than “social origin”. The Committee, therefore, urges the Government to consider amending the legislation to include social origin as a prohibited ground of discrimination.

16. Promoting and ensuring equality of opportunity and treatment. British Columbia. The Committee notes that the Government has not replied to its request for information concerning the measures taken with regard to designated groups. Nor is there a reply regarding the effect of the abolition of the Human Rights Commission. The Committee is therefore obliged to again request information on the measures taken and results achieved with regard to the representation of the designated groups in the public service, as well as on measures taken to promote their equal representation in the private sector, and for information on the effect of the abolition of the British Colombia Human Rights Commission, including on the number and outcome of complaints concerning discrimination.

Federal and provincial levels

17. Complaints procedures. The Committee notes the information in the Government’s report regarding the complaints filed and addressed by the relevant provincial human rights bodies in Alberta, Manitoba, New Brunswick, Newfoundland and Labrador, Nunavut, Quebec and Saskatchewan. The Committee requests the Government to continue to provide information on the number, nature and outcome of complaints related to discrimination in employment and occupation for these provinces, as well as for the other provinces, territories, and the federal jurisdiction.

18. Judicial decisions. The Committee again welcomes the summaries of the discrimination cases decided by the various courts, commissions and tribunals at the federal and provincial levels. The Committee invites the Government to continue providing this information in its next report.