Policy Monitor Canada » Human Rights

NFLD Human Rights Act Introduced

Admin — Mon, 21 Jun 2010 01:51:32 +0000

New Human Rights Act Introduced Following Extensive Consultation Process
June 17 2010

New Human Rights Act Introduced Following Extensive Consultation Process

Newfoundland and Labrador has taken a significant step forward in the area of human rights with the introduction in the House of Assembly of the new Human Rights Act, 2010 by the Honourable Felix Collins, Minister of Justice and Attorney General. This proposed legislation will replace the Human Rights Code and provides a wide range of new protections, while also increasing the efficiency of the complaints process of the Human Rights Commission.

“Today is an important day for the protection of human rights in Newfoundland and Labrador,” said Minister Collins. “After a consultation process which included public sessions throughout our province, our government has brought forth a Human Rights Act which is progressive and sets the course for protection of the human rights of residents of Newfoundland and Labrador.”

The Human Rights Act, 2010 builds upon submissions from an extensive public consultation process conducted by the Department of Justice, including submissions from municipalities, labour groups, various associations, individuals and the legal community.

“The new Act further protects various groups throughout our province including young adults, women and people living with disabilities,” said Minister Collins. “As a result of this legislation it will be prohibited to discriminate on such grounds as pregnancy, source of income, disfigurement, or criminal conviction, among others. While these changes are generally already practiced and supported in our province, it is important to signify that discrimination, either intentional or unintentional, is not to be tolerated under the laws of our province.”

Highlights of the Human Rights Act, 2010 include:

Provides a definition of disability consistent with other jurisdictions in Canada; Reinserts a modernized preamble which gives a statement of the fundamental principles of the legislation; Establishes disfigurement as prohibited in its own right; Prohibits discrimination in the making of a contract; Removes the age of restriction of 19 years for employees to file complaints; Clarifies that discrimination on the basis of pregnancy is prohibited; Prohibits discrimination on the basis of criminal conviction by an employer when it is unrelated to the employment; Broadens the definition of marital status; Provides the Supreme Court of Newfoundland and Labrador, Trial Division with the ability to review dismissal of complaint(s) by Executive Director of Human Rights Commission; and, Provides a new appointment process for commissioners and adjudicators.

Significant changes have also occurred to create efficiency within the Human Rights Commission of Newfoundland and Labrador. In order to move complaints through the process more expeditiously, the Human Rights Act, 2010 will allow for regulation specifying timelines for documentation related to the complaints process. In addition, the Executive Director of the Human Rights Commission will now have expanded power, including the authority, subject to appeal, to dismiss complaints which are frivolous or do not fall within the jurisdiction of the Human Rights Act, 2010.

“The introduction of the Human Rights Act, 2010 is a historic day for Newfoundland and Labrador,” said Minister Collins. “This Act, once implemented, will serve as the guidepost for how we treat each other in our society and I am confident it reflects the values of Newfoundlanders and Labradorians and will do so for many years to come.”

Video of News Conference

Input Sought For Organ And Tissue Donations Act Nova Scotia

Admin — Thu, 22 Apr 2010 02:38:03 +0000

Input Sought For Organ And Tissue Donations Act

The public can have its say about a new Human Organ and Tissue Donation Act that will help more of Nova Scotia’s half-a-million registered donors have their wishes honored.

“We want to raise public awareness, improve the donation process and, ultimately, change the lives of those awaiting a transplant,” said Health Minister Maureen MacDonald. “About 120 Nova Scotians are waiting for life-saving organ transplants and many more are waiting for tissue donations. We are committed to helping these patients get the care they need.

“For many families, their loved one’s decision to be a donor provides some comfort during a very difficult time.”

The updated act will reflect changes in policies, laws, technologies and standards over the years. For example, in the current act, consent to donate is binding, but donations may not happen if there is strong opposition from the family. By more clearly defining binding valid consent by a donor cannot be vetoed by another.

The draft act also provides a clear definition of death which must be met before donation can occur.

Other proposed changes include allowing donors to legally consent to pre-death procedures such as ventilation and medicines that increase the chances of a successful transplant. The new act will also recognize common law spouses.

A proposed new step will first confirm a patient is a suitable donor, and that their organs and/or tissues can be used before the family is approached.

“We know that it can be very difficult to approach a family dealing with the loss of a loved one to discuss donation,” said Corinne Corning, manager of Legacy of Life: Nova Scotia Organ and Tissue Donation Program. “If the family knows their loved one wanted to donate their organs and tissues, it can make this decision easier.”

Donor Awareness Week in Canada runs until Sunday, April 25. Events in the province will raise awareness and encourage people to register as donors on their health cards and talk to family members about their wishes. One donor can provide organs for up

to eight people, and tissue, such as skin and corneas, to as many as 40.

The draft Human Organ and Tissue Donation Act is available for review at www.gov.ns.ca/health/DonationAct/. Commentary is included throughout the draft to help explain the proposed changes. Feedback will be accepted until May 28.

“We want to hear from people and organizations with an interest in organ and tissue donation,” said Ms. Corning. “This will ensure the new act is sensitive to donors and their families while encouraging more people to become donors and save lives.”

For more information on organ and tissue donation, and to find out how to register as a donor, visit www.legacyoflife.ns.ca .

Québec policy against homophobia

Admin — Wed, 13 Jan 2010 19:38:55 +0000

Presented by the Minister of Justice, the Québec policy against homophobia comprises strategic guidelines and choices targeting the attainment of social equality for members of sexual minorities, thereby making Québec a truly unprejudiced society.

These guidelines seek to recognize the realities face by sexual minority members; promote respect of their rights; promote their wellbeing, notably by offering services adapted to their needs; and, finally, ensure a concerted approach involving all social players in the fight against homophobia.

The policy was developed in the wake of the report De l’égalité juridique à l’égalité sociale – Vers une stratégie nationale de lutte contre l’homophobie, produced by the Commission des droits de la personne et des droits de la jeunesse in March 2007.

For more information…

Read the related press release; (In French only)
Go to the Ministère de la Justice website.

Human Rights Commission has revised Policy on Alcohol and Drug Testing

Admin — Fri, 27 Nov 2009 20:50:28 +0000

The Canadian Human Rights Commission has revised its Policy on Alcohol and Drug Testing.

The Commission recognizes that the inappropriate use of alcohol or drugs can have serious adverse effects on a person’s health, job performance and workplace safety. Safety is important to employees and employers. However, safety must be ensured in ways that do not discriminate against employees on the basis of a prohibited ground of discrimination. Workplace rules and standards that have no demonstrable relationship to job safety and performance have been found to violate an employee’s human rights.

This policy focuses on the proper and improper use of employment related drug and alcohol testing. The Commission recognizes that the issues surrounding alcohol and drug abuse are complex, including the causes and effects of alcohol and drug use, the high co-occurrence of addictions and mental illness, and the challenges and stigma facing those who are dependent. Addressing these issues is important, but fall outside the scope of this policy.

Yukon Whistle-blower Protection

Admin — Sun, 22 Nov 2009 19:51:58 +0000

Discussion Paper

for the Select Committee on Whistle-blower Protection [72 KB]

The Select Committee on Whistle-blower Protection of the Yukon Legislative Assembly is now accepting written submissions regarding the central issues that should be addressed in whistle-blower protection legislation for Yukon. The deadline for the written submissions is 5:00 p.m. on January 22, 2010.

Individuals and groups who wish to make written submissions to the Select Committee may do so by sending their documents by email to yla@gov.yk.ca or in hard copy to:

Please note that submissions to the Select Committee on Whistle-blower Protection become the property of the Committee and may be posted to the Committee’s webpage http://www.legassembly.gov.yk.ca/310.html or included (in whole or in part) in the Committee’s final report to the Legislative Assembly. This report, once it is tabled in the Legislative Assembly, will become a public document.

Written Submissions

SASKATCHEWAN GOVERNMENT LOOKS FOR OPTIONS TO IDENTIFY AND PROTECT BURIAL SITE

Admin — Tue, 17 Nov 2009 00:05:51 +0000

GOVERNMENT LOOKS FOR OPTIONS TO IDENTIFY AND PROTECT BURIAL SITES

The Government of Saskatchewan announced a new initiative to look at ways to preserve and catalogue cemeteries and burial sites.

Minister responsible for The Cemeteries Act Don Morgan has asked Al Dwyer to convene a working group of stakeholders and interested individuals to look into this issue and make recommendations on options to encourage greater community involvement in the care and maintenance of local, non-commercial cemeteries. Dwyer is the former Registrar of Cemeteries.

“I believe that something needs to be done to preserve our cemeteries and places of interment, to maintain our heritage for future generations and honour the memory of those who helped build this province,” Morgan said.

There are about 3,500 known cemeteries throughout Saskatchewan, many of these run well and cared for by owners, local communities and religious organizations. However, there are a significant number that are abandoned and uncared for as well as many more that are unknown or uncatalogued, including many Aboriginal burial sites.

The working group is to report back to the Minister with their recommendations in the new year. Interested groups, individuals and organizations are encouraged to contact Mr. Dwyer at 1-877-880-5550.

Alberta Mental Health Amendment Act 2009

Admin — Tue, 03 Nov 2009 16:58:24 +0000

Proposed legislative changes support use of community treatment orders

Edmonton … Providing support and clarity around the use of community treatment orders is the focus of Bill 59 the Mental Health Amendment Act 2009, which was introduced in the Legislature on Nov. 2.

“Community treatment orders will provide another way to help and support Albertans with serious and persistent mental health disorders,” said Minister of Health and Wellness Ron Liepert. “Before this new tool is introduced, everyone involved will be fully prepared and clear about their roles and responsibilities.”

Community treatment orders, which will be issued by two physicians (one of whom is a psychiatrist), will enable individuals to maintain their mental health treatment in the community. These orders will reduce the need for hospitalization and help to keep more hospital beds available for individuals who need a greater level of care.

The Mental Health Amendment Act 2009 clarifies:

The role of psychiatrists in issuing and overseeing community treatment orders;
The criteria that will be considered by Mental Health Review Panels when reviewing community treatment orders; and
The Mental Health Patient Advocate’s legal authority to access records and information for investigations involving community treatment orders.

Those sections of the Mental Health Amendment Act 2007 that provide for the introduction and implementation of community treatment orders will be proclaimed in early 2010. All other sections of the Mental Health Amendment Act 2007 were proclaimed on Sept. 30, 2009.

The Alberta government has a clear plan for a strong economic recovery. An important part of The Way Forward is maintaining support for programs and services Albertans need most, such as health care, education and safe and vibrant communities. For more information on the plan visit Alberta.ca.

BC SIGNS MoU Regarding THE RIGHTS OF FOSTER PARENTS

Admin — Fri, 30 Oct 2009 02:21:03 +0000

October 29, 2009

VICTORIA – The rights and entitlements of Foster Parents have been clarified and enshrined in a document signed by the Minister of Children and Family Development and the B.C. Federation of Foster Parent Associations (…

BC Residents’ Bill of Rights

Admin — Fri, 23 Oct 2009 03:52:09 +0000

October 22, 2009

BILL OF RIGHTS FOR RESIDENTS PROMOTES BETTER CARE

VICTORIA – The Residents’ Bill of Rights was introduced to ensure that residents in British Columbia care facilities know their rights, which will be publicly displayed inside all residential care facilities throughout the province, announced Ida Chong, Minister of Healthy Living and Sport.

Minister of Justice Appoints Canadian Human Rights Tribunal Chair

Admin — Fri, 11 Sep 2009 23:04:13 +0000

Minister of Justice Appoints Canadian Human Rights Tribunal Chair