Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Federal level

Sexual harassment. The Committee notes that in response to its previous comments regarding the prevalence of sexual harassment of women in employment and the low number of complaints, the Government refers to the provisions of the Canada Labour Code relating to sexual harassment, as well as the initiatives of the Canadian Human Rights Commission aimed at prevention and information sharing regarding discrimination and harassment. The Committee notes that section 247.4(1) of the Canada Labour Code states that “Every employer shall, after consulting with the employees or their representatives, if any, issue a policy statement concerning sexual harassment.” The Committee requests the Government to provide detailed information on the concrete follow-up to the policy statements concerning sexual harassment, including by the labour inspectorate. Please also include information on the number and nature of cases of sexual harassment, detected by the labour inspectorate, the action taken in respect thereof, as well as any legal or administrative decisions dealing with sexual harassment.

Employment equity designated groups – women, visible minorities, persons with disabilities and aboriginal peoples. The Committee notes the increase in the representation levels of the four designated groups under the Employment Equity Act, and the numerous initiatives taken in pursuance of this objective. The Committee notes from the Government’s report and the 2007 annual report of the Canadian Human Rights Commission that the audit process to determine compliance with the Employment Equity Act has been streamlined, with a greater focus on progress, results and evidence-based analysis of compliance. The Committee notes further that tools and training have been developed in the context of both the Racism-Free Workplace Strategy and the Workplace Integration Strategy for Persons with Disabilities. According to the Government’s report, the proposed duty to accommodate policy is no longer limited to persons with disabilities, and is now aimed at all grounds prohibited under the Canadian Human Rights Act. The Committee requests the Government to continue to provide information regarding the employment equity audits and the various initiatives aimed at increasing the representation levels of the designated groups, and the results thereof.

Court Challenges Program. The Committee notes the Government’s confirmation that the Court Challenges Program (CCP), which provided 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, was eliminated in September 2006. The Committee also notes the concerns raised by the Committee on the Elimination of Racial Discrimination in light of the elimination of the CCP regarding the difficulties of access to justice for aboriginal peoples, African Canadians and persons belonging to minority groups, and that no equivalent support mechanism has been put in place (CERD/C/CAN/CO/18, 25 May 2007, paragraph 26). The Committee requests the Government to consider reinstating the CCP or an equivalent mechanism, and to provide information on the steps taken in this regard.

Gender equality in employment and occupation. Noting the activities of the Status of Women Canada (SWC) to promote gender equality in employment and occupation, the Committee would welcome receiving further updates regarding such activities and their impact. The Committee also reiterates its request for information on measures taken or envisaged to promote the employment of women in occupations that have traditionally been dominated by men.

Migrant domestic workers. In response to concerns raised regarding exploitation and abuse of migrant domestic workers under the federal Live-in Caregiver Program, the Government refers to counselling and information provided to migrant workers, as well as increased monitoring and follow-up of employer compliance under the Temporary Foreign Worker Program. The Committee requests further information regarding the Temporary Foreign Worker Program. Please also provide information regarding the nature of the monitoring and follow-up undertaken, the number and nature of violations of the rights of migrant domestic workers detected, and any sanctions imposed or remedies provided.

Provinces and territories

Legislative developments. Discrimination based on age, disability, family status and family responsibilities. The Committee notes from the Government’s report that legislation removing the mandatory retirement age has been adopted in British Columbia, Ontario, and Newfoundland and Labrador. The Committee also notes that legislation on accommodating disabled workers has been adopted in Manitoba, and that the amendments to the Act respecting equal access to public bodies to include persons with disabilities among the target groups are now in force in Quebec. The Committee further notes the addition of “family status” as a prohibited ground of discrimination under the Newfoundland and Labrador Human Rights Code. The Committee also notes the new family leave entitlements under the Manitoba Employment Standards Code. The Committee requests the Government to provide information on the application in practice of the new provisions.