What is the Canadian Human Rights Act of 1977?
Answer
The federal statute prohibiting discrimination in employment and services within federal jurisdiction, administered by the Canadian Human Rights Commission and the Canadian Human Rights Tribunal.
Explanation
The Canadian Human Rights Act is the federal statute that prohibits discrimination by federal government departments and agencies, the Canadian Armed Forces, the RCMP, federally regulated employers (banks, airlines, telecommunications, broadcasting, interprovincial transportation), and First Nations governments and their service providers. The Act received Royal Assent on July 14, 1977 under Prime Minister Pierre Trudeau, was proclaimed in force on March 1, 1978, and remains a foundational pillar of Canadian rights protection alongside the constitutional Charter.
The Act prohibits discrimination on 13 grounds: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered. The current list reflects amendments including Bill C-33 (1996, sexual orientation), Bill C-279 and Bill C-16 (2017, gender identity and expression), and Bill S-201 (2017, genetic characteristics).
Two institutions administer the Act. The Canadian Human Rights Commission (CHRC), established under the Act in 1977, receives, screens, and investigates discrimination complaints, and may dismiss complaints, attempt mediation, or refer cases to the Canadian Human Rights Tribunal. The Tribunal, an independent quasi-judicial body, adjudicates referred cases and can order remedies including compensation, orders to cease the discriminatory practice, policy changes, and apologies. Decisions can be judicially reviewed by the Federal Court.
Major Canadian Human Rights Act cases include Andrews v. Law Society of British Columbia (1989, citizenship requirement for Bar admission), Action Travail des Femmes v. Canadian National Railway (1987, employment equity), and the long-running First Nations Child and Family Caring Society v. Canada (Attorney General) case before the Tribunal, which found in 2016 that Canada had racially discriminated in the underfunding of First Nations child welfare services and which has produced more than 25 compliance orders since. The federal Pay Equity Act of 2018 (in force 2021) added the Pay Equity Commissioner within the CHRC, and the federal Accessible Canada Act of 2019 added the Accessibility Commissioner.
Why this matters for your test
The Canadian Human Rights Act protects every person interacting with federal institutions and federally regulated industries from discrimination. Recognising the 1977 enactment and the 13 protected grounds gives candidates two specific anchors.
Source: Canadian Human Rights Act, R.S.C. 1985, c. H-6; Canadian Human Rights Commission
