Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the detailed information contained in the Government's report, including various attachments and statistical data.

1. Recalling that Article 1, paragraph 1(a), of the Convention expressly includes political opinion and social origin among the prohibited grounds of discrimination, and that the Canadian Charter of Rights and Freedoms guarantees freedom of expression and association generally, the Committee noted in its previous direct request that the Canadian Human Rights Act, 1977, does not prohibit discrimination on these grounds. It recalls that claims of discrimination based on political opinion can be made in those provinces where this ground is proscribed in applicable provincial legislation (British Columbia, Manitoba, Newfoundland, Prince Edward Island, Quebec and Yukon Territory), and claims of discrimination based on social origin where this ground is mentioned (Newfoundland and Quebec). Noting from the report by the Province of Quebec supplied by the Government that the grounds of political opinion and social origin (labelled "social circumstances") remain active, being the subject of eight and five claims respectively during 1994, the Committee asks the Government to indicate what measures are being taken to ensure that persons residing in other provinces can make claims to seek redress against discrimination in employment and occupation based on their political opinion or social origin.

Since the Government replies in its report on this point that the possibility of amending the federal Act is currently under review by the Government, and noting that Bill C-108 (which would have amended the Act in a number of ways, but which did not propose to add the grounds of political opinion or social origin) expired when the Parliament was dissolved for the 1993 election, the Committee asks the Government to keep it informed of any new proposals for amendments to the Act.

2. The Committee notes that a Bill to revise the Federal Employment Equity Act, 1986, the text of which has been supplied by the Government, underwent a first reading in the House of Commons on 12 September 1994. According to the Government's report, the proposed changes would strengthen the Employment Equity Act by, inter alia, expanding coverage of the Act to include the federal public service, agencies and commissions; by giving the Canadian Human Rights Commission the authority to initiate investigations of employment equity questions; and by subjecting federal contractors to mandatory compliance with the principles of the Act. The Committee notes that the Bill is expected to be reported back to the House of Commons immediately after Parliament reconvenes in September 1995, and that the Bill then will be debated before a second reading can take place. It asks the Government to keep it informed of legislative progress in this matter, and to supply a copy of the amending Act, once adopted.

3. The Committee notes with interest the commencement in 1994 of a four-year Special Measures Initiatives Program (SMIP) aimed at improving representation of members of four designated groups in those jobs where they are under-represented as compared with their availability in the workforce. The Program will, inter alia, supply models which assist employees to move from support to officer positions, offer developmental programmes for senior management positions to members of the designated groups, and hold managers accountable for the implementation of the measures through branch-level plans and regular reporting. The Committee asks the Government to supply it with any periodical reports showing the results of the SMIP.