Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Canadian Labour Congress (CLC), received on 31 August 2015, the observations of the Public Service Alliance of Canada (PSAC), received on 31 August 2015, and the observations of the National Union Confederation (CSN), received on 31 August 2015.

Articles 1 and 2 of the Convention. Legislation and policy. Discrimination based on sex. Sexual harassment. The Committee recalls that section 247.4 of the Canadian Labour Code requires employers in federally regulated workplaces to develop a sexual harassment policy and to communicate this policy to all employees, and that, under Part II of the Canadian Labour Code, labour inspectors have the authority to investigate complaints and inspect workplaces to ensure compliance with this obligation. The Committee also notes the proactive initiatives launched by the Labour Program in the Ports Authorities and Airlines industry for self assessment on compliance with the requirement of the Canadian Labour Code repealing violence prevention and sexual harassment. The Committee further notes the steps taken at the provincial level to address sexual harassment, including the release by the Ontario Government in March 2015 of the “Its Never Okay: An Action Plan to Stop Sexual Violence and Harassment”. The Committee also notes the view of the CLC that legislation should require employers to establish formal policies and procedures to deal with situations of harassment, and joint workplace human rights committees, so as to ensure better compliance. The Committee asks the Government to continue providing information on the steps taken to prevent and address sexual harassment through legislation, policies, education and practical measures, particularly in male-dominated sectors, at the federal and provincial levels.

Promotion of equality of opportunity and treatment. Employment equity designated groups. The Committee notes from the information provided by the Government on the representation in employment of the four designated groups under the Employment Equity Act (EEA), namely women, visible minorities, persons with disabilities and aboriginal people, that representation in employment increased only very slightly in both the public and private sectors over the period 2013–15. The Committee notes the changes to the Federal Contractors Program and asks the Government to report on their impact on ensuring equality of opportunity and treatment in employment and occupation for the four designated groups, based on the compliance assessments periodically undertaken. The Committee notes the information on the Canada Jobs Fund and asks the Government to provide information on its results in terms of training and employment of persons within the four designated groups. It also requests the Government to continue providing information on the representation in employment of the four designated groups under the EEA, and assessments of the progress achieved.

Promotion of equality of opportunity and treatment. Indigenous peoples. The Committee notes that the representation of aboriginal peoples was 2.1 per cent in the federally regulated private sector and 5 per cent in the federally regulated public sector in 2013. The Committee notes the Government’s indication that between 2010 and 2015 under the Aboriginal Skills and Employment Training Strategy (ASETS), the Skills and Partnership Fund (SPF) and the First Nationals Job Fund (FNJF), 249,300 individuals have been assisted of whom 89,600 have secured employment, and 39,140 have returned to school. The Committee also notes the extensive and detailed information on the programmes and projects in Newfoundland and Labrador, Alberta, Manitoba and Ontario regarding improved access to skill training, employment, self employment, business support and other support services for aboriginal men and women. In Alberta, for example, as a result of the Aboriginal Training to Employment Program and the First Nations Training to Employment Program, 81.2 per cent of the 1,222 participants secured employment. The Committee notes the indication by the CSN that, despite the federal and Quebec programmes promoting equality, indigenous peoples have difficulty accessing employment, particularly when it is well remunerated. The CSN refers to studies which identify problems in education and training as reasons for their situation in the labour market and it emphasizes the role that stereotypes and prejudice held by the public and employers in Quebec play in limiting their equal employment opportunities. The Committee asks the Government to continue providing information on the initiatives taken to improve access of aboriginal men and women to employment and to a wider range of occupations at the federal and provincial levels, as well as the impact of these initiatives. The Committee also repeats its request to indicate whether any research or survey has been conducted on the retention rate of aboriginal peoples who obtain employment through the various programmes described in the Government’s report.

Protection against discrimination on grounds of race, colour or national extraction. The Committee notes the CSN’s indication that members of certain ethnic and racial groups experience employment discrimination based on negative attitudes and the practices of employers. It notes the conclusions of the report of the United Nations Working Group of Experts on People of African Descent on its mission to Canada in September 2017 (A/HRC/36/60/Add.1, 16 August 2017) that African Canadians have disproportionately high unemployment rates, that many are forced to take low-paying jobs with little security and poor prospects and that the situation is even worse for African Canadian women. The Committee further notes that the Racism Free Workplace Strategy is no longer in operation. It however notes with interest the adoption of the Anti-Racism Act on 1 June 2017 in Ontario which aims to address the distinct nature of racism towards black people and covers systemic discrimination against indigenous as well as Black communities. The Committee also welcomes the adoption of “A better way forward: Ontario’s 3 year Anti-Racism Strategic Plan”, which contains awareness-raising objectives. The Committee asks the Government to continue to report on all legislative, policy and educational measures taken to improve protection against racial discrimination in employment and occupation, to reduce racial bias and prejudice by the public as well as public and private employers, and to promote equal employment opportunities and treatment for African Canadians.

Migrant workers. The Committee notes the observation of CSN that in its view migrant workers are vulnerable to discrimination based on race, language, social origin and sex. It notes the findings of the Working Group of Experts that “many seasonal migrant workers of African descent are subjected to deplorable working conditions”. In this regard, the Committee notes that further legislative, regulatory and administrative changes were made between 2012 and 2015 to improve protections for temporary migrant workers under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). In particular, the Committee notes the Government’s indication that a new regulation, which came into force on 1 December 2015, provides for stronger consequences for non-compliant employers, including stronger penalties. It also notes that the leaflet “Your rights are protected” was distributed all over Canada to reach more foreign workers. It further notes the changes in the Live-in Care Program (LCP) to reduce the vulnerability of caregivers, the majority of whom are migrant women. The Committee also notes the steps taken at the provincial level to improve protection for migrant workers. The Committee asks the Government to continue to report on all legislative, policy and educational measures taken to improve protection against discrimination directed or having an impact on migrant workers based on the grounds set out in the Convention.

Article 1(1)(b). Additional grounds of discrimination. Disability. Recalling that persons with disabilities are protected under the Employment Equity Act, the Committee notes the detailed information on the training and employment promotion programmes aimed at improving the employment situation of people with disabilities, including the Labour Market Agreements for Persons with Disabilities the panel report “Rethinking Disability in the Private Sector of 2013”, the Opportunities Fund for Persons with Disabilities and the extension of the Enabling Accessibility Fund. The Committee also notes the detailed information on the programmes and projects established at the provincial level to support the education, training and employment of persons with disabilities. The Committee asks the Government to continue providing information on the measures taken to facilitate and promote training and employment opportunities for persons with disabilities in the public and private sectors, at the federal level and in the provinces and territories, and the results achieved.

Other additional grounds of discrimination. The Committee notes with interest that pursuant to the Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012, “gender identity” and “gender expression” are now included as prohibited grounds of discrimination under the Ontario Human Rights Code and in the Policy on preventing discrimination because of gender identity and gender expression, issued by the Ontario Human Rights Commission in 2014. Noting the observations of the PSAC calling for the Canadian Human Rights Act (CHRA) to be amended to prohibit discrimination based on gender identity, the Committee asks the Government to report on any measures taken to extend the prohibited grounds to include discrimination based on gender identity in employment and occupation.

Article 3. Gender equality in employment and occupation of postal contractors. Indirect discrimination. 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 which, according to the CLC, discriminates against women since 71 per cent of rural and suburban mail carriers are women. The Committee notes the Government’s indication that, since 2004, most of the rural and suburban postal carriers are unionized employees and thus are no longer mail contractors. The Government states that since Canada Post does not engage contractors based on gender, overt discrimination does not exist, and that it is difficult to determine whether systemic discrimination has occurred because Canada Post does not have statistics to confirm the sex of its contractors or its employees. In its most recent communication, the CLC indicates that it is continuing to wait for a resolution of this problem. The Committee asks the Government to take steps to examine and address the impact of the exclusion pursuant to section 13(5) of the Canada Post Corporation Act on equality of opportunity and treatment between women and men, including by taking steps to gather the necessary gender disaggregated statistics.

Access to justice and enforcement. With reference to its previous comments, the Committee notes the information provided by the Government on the Aboriginal Justice Strategy (AJS), the Access to Justice in Both Official Languages Support Fund and the Language Rights Support Program (LRSP), which has continued its information and promotional initiatives to assist organizations and groups seeking to assert their minority language rights. The Committee further notes the information on the Specific Claims Tribunal Process aimed at accelerating the resolution of specific claims brought by First Nations peoples against the Government relating to reserve lands and other assets, which was supplied by the Government in its written response to questions posed by the United Nations Committee on the Elimination of Racial Discrimination during the Interactive Dialogue on 14–15 August 2017. The Committee notes that as a result of the repeal of section 67 of the CHRA, a number of aboriginal-related complaints have been filed against the Federal Government, which would have been shielded by section 67. The Committee further notes the Government’s indication that the Canadian Human Rights Commission (CHRC) has continued its efforts to promote and facilitate human rights redress for First Nations peoples during the reporting period. The Committee also notes the detailed information provided on discrimination complaints brought before the CHRC. The Committee welcomes the information provided by the Government on court and tribunal cases related to discrimination in employment. The Committee asks the Government to continue providing information on the measures taken and results achieved to facilitate access to justice for aboriginal peoples, including under the AJS and the LRSP, and to support the filing and resolution of complaints under the Specific Claims Tribunal Process and before the CHRC. The Committee also asks the Government to provide information on labour inspections, complaints, administrative decisions, court and tribunal cases related to discrimination in employment and occupation on the grounds set out in the Convention.