The Canadian Charter of Fundamental Freedoms protects all persons within Canada against discrimination. Section 15, paragraph 1, provides that each persons is “equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”.

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The Canadian Charter of Fundamental Freedoms protects all persons within Canada against discrimination. Section 15, paragraph 1, provides that each persons is “equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability”. Paragraph 2 of section 15 excludes from the equality provision, laws, programmes or activities aimed at eradicating discrimination on the grounds described in paragraph 1. This provision protects migrants from legal discrimination included within legislation, and discriminatory interpretation of the law. It covers all areas of law and would therefore provide protection in areas such as housing, employment and health care. If migrants believe federal or provincial governments have violated their rights, they can challenge those actions or decisions in the courts. If they believe a private individual has violated their rights, they can seek redress from federal or provincial Human Rights Commissions or Ombudspersons (see 8.10-Other Mechanisms of Recourse), who hear, investigate, and resolve human rights violations. Migrants who are in need of legal assistance to enforce their rights, because they are unable to afford a lawyer, may be eligible for free or low-cost Legal Aid.

Human Rights Tribunal is established. The Tribunal hears complaints and its powers, set out in section 53, include making an order that: the person cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in future; the person make available to the victim of the discriminatory practice the rights, opportunities or privileges that are being or were denied to them; and that the person compensate the victim of discrimination.

Regular migrant workers would also be protected from discrimination by the Employment Equity Act (1995). Section 2 of the Act sets out the purpose of the legislation which is to “achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability” and correct discrimination against women, aboriginal peoples, persons with disabilities and members of visible minorities. Employers obligations are set out in section 5 of the Act and include: identifying and eliminating employment barriers against persons in designated groups that result from employment systems, policies and practices that are not authorized by law; and instituting positive policies and practices and reasonable accommodations that will ensure that persons in designated groups achieve a degree of representation in each occupational group in the employer's workforce. Representation should reflect person’s representation in the Canadian workforce or areas of the workforce from which employers may reasonably be expected to draw employees. Under section 9 employers are required to collect information and analyse their workforce to determine areas of under representation. Under section 10 they must draw up an employment equity plan that specifies the positive policies and practices to correct the under representation of those persons identified under section 9. Under section 16(2) the Human Rights Commission is authorised to prepare a compliance audit of the obligations under the Act after two years from when the employers obligations begin.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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