Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Canada (Ratification: 1964)

Discrimination on the grounds of political opinion and social origin. Recalling the importance of prohibiting discrimination on all the grounds enumerated in the Convention, the Committee had previously urged the Government to take the necessary measures to amend the Canadian Human Rights Act and the relevant legislation of the provinces and the territories, to include the grounds of political opinion and social origin. The Committee notes the communication of the Canadian Labour Congress (CLC) expressing concern at the visible rise in social inequalities in Canada, and supporting the inclusion of social origin and political opinion as prohibited grounds of discrimination in Canadian and provincial law. The Committee notes the Government’s indication that the Canadian Human Rights Commission (CHRC) in 2009 released a research paper on the issue of adding “social condition” to the Canadian Human Rights Act. This paper concludes that “social condition” should be added as a ground of discrimination for a number of reasons, including because it would extend protection to one of the most marginalized and vulnerable groups in society, and provide them a more accessible avenue for legal recourse. The Government indicates that no research or consultations have been undertaken regarding the addition of “political opinion”.

The Committee notes that there has been no change at the provincial and territorial levels in terms of adding social origin or political opinion as grounds of discrimination. In relation to the legislation of Ontario, the Government refers to the grounds of race, ancestry, citizenship, ethnic origin and place of origin as sufficient to encompass “social origin”. The Committee recalls that discrimination based on “social origin” occurs when an individual’s membership in a class or socio-occupational category determines his or her occupational future, either because he or she is denied certain jobs or activities, or assigned certain jobs; it is thus distinct from discrimination based on the grounds of race, ancestry, citizenship, ethnic origin and place of origin. The Committee had noted previously the concerns of the CHRC, which are reiterated by the CLC, regarding the visible rise in social inequalities in Canada, which in the view of the Committee, highlights the importance of addressing discrimination based on class and socio-occupational categories. The Committee notes from the 2009 CHRC research paper, that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” under the Convention.

Noting that the ground of “social condition” or “social origin” is only covered as a ground of discrimination in the legislation of Quebec, Northwest Territories, New Brunswick and Newfoundland, and that “political opinion” is absent in the federal legislation, as well as in the legislation of Alberta, Ontario, Saskatchewan and Nunavut, the Committee urges the Government to take the necessary measures, without further delay, with a view to the amendment of the Canadian Human Rights Act and the legislation of the relevant provinces and territories, to include social origin or condition and political opinion as prohibited grounds of discrimination in employment and occupation. The Committee firmly hopes that the Government will be able to report progress in this regard.

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