Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Discrimination on the grounds of political opinion and social origin. The Committee recalls its previous comments urging the Government to amend the Canadian Human Rights Act and to take the necessary measures to amend the legislation of specific provinces and territories, as the grounds of social origin or “social condition” and political opinion are only covered by the legislation of Quebec, Northwest Territories, New Brunswick and Newfoundland and Labrador. The Committee also recalls that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” under the Convention.

The Committee notes that pursuant to the Manitoba Human Rights Code Amendment Act, which was adopted on 14 June 2012, discrimination in employment based on “social disadvantage” which is based on a negative bias or stereotype related to the said disadvantage is now prohibited under the Manitoba Human Rights Code (sections 9(1), 9(2.1), and 14(1)). “Social disadvantage” is defined to mean diminished social standing or social regard, due to (a) homelessness or inadequate housing; (b) low levels of education; (c) chronic low income; or (d) chronic unemployment or underemployment (section 1). The Committee also notes the Government’s indication that the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms provide comprehensive protection against discrimination including for the poor and other vulnerable groups in society. The Committee notes, however, that social origin or “social condition” is not specifically enumerated as a prohibited ground of discrimination under the Canadian Charter of Rights and Freedoms or the Ontario Human Rights Code. The Committee asks the Government to take concrete steps to amend the Canadian Human Rights Act (CHRA) to include social origin or “social condition” and political opinion as prohibited grounds of discrimination in employment and occupation, and to indicate any progress made in this regard, including information on any follow-up measures taken to the research paper released in 2009 by the Canadian Human Rights Commission on adding the ground of “social condition” to the CHRA. The Committee also asks the Government to provide information on the practical application of the Manitoba Human Rights Code with regard to the prohibited ground of “social disadvantage”. Please further indicate any steps taken to include social origin or “social condition” and political opinion in the legislation of the relevant provinces and territories, including Ontario.

Gender equality in employment and occupation. The Committee recalls that section 13(5) of the Canada Post Corporation Act excludes a mail contractor from the application of Part I of the Canada Labour Code. It also recalls the observation provided by the Canadian Labour Congress that the exclusion discriminates against women, who accounted for 71 per cent of rural and suburban mail carriers. The Committee notes the Government’s acknowledgement that men and women are concentrated in different economic sectors. The Government indicates that there is no obvious or intended link between section 13(5) and gender discrimination. The Committee asks the Government to take measures to examine and address the impact of the exclusion pursuant to section 13(5) of the Canada Post Corporation Act on women, in terms of equality of opportunity and treatment in employment and occupation.

The Committee notes the Government’s indication on the measures taken for the increase of women’s access to various occupations, including apprenticeship programmes, in which women accounted for 16 per cent in total, and 3 per cent in non-traditional sectors in 2010. Sector councils at the federal level have started implementing strategies designed to encourage women to enter non-traditional sectors, including construction and mining. The Committee also notes the similar measures taken to increase women’s access to non-traditional occupations, including political office, science, engineering and technology, at the provincial levels, including New Brunswick, Nova Scotia, and Ontario. The Committee asks the Government to continue to provide information on the measures taken both at the federal and the provincial levels, to promote women’s access to employment and occupation, including those that have been traditionally dominated by men, as well as on the impact of such measures.

National policy. The Committee recalls the observation by the Canadian Labour Congress stressing the need for a more structured national policy on equality in employment and occupation that encompasses unifying principles for all jurisdictions. The Committee notes the Government’s indication that all Canadian jurisdictions are pursuing and coordinating active policies designed to implement the Convention, and that the federal Government is not in a position to develop and implement laws, regulations, policies and programmes at the federal level with respect to matters such as employment discrimination, where the provinces and territories exercise jurisdiction. The Committee asks the Government to provide information on any initiative at the federal level to address differences of policies on equality in employment and occupation at the provincial and territorial levels, and to indicate any measures taken to coordinate provincial and territorial equality policies. Please also indicate how the social partners collaborate in such initiatives and measures at the federal level.

The Committee is raising other points in a request addressed directly to the Government.