Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes the information in the Government’s report and the attached documentation.

The Federal Level

1. The Committee notes the final report "Promoting equality: A new vision", released by the Review Panel established to review the Canadian Human Rights Act and make recommendations to the Government on how the Act could be modified to deal better with modern manifestations of discrimination. In particular, it notes the Panel’s recommendation to reconsider the need for the ground of political belief for the next review of the Act, and for the Commission to be given sufficient resources to undertake effective human rights education and promotion initiatives. Noting that the recommendations of the Panel are under consideration by the Federal Department of Justice, the Committee asks the Government to provide information on any follow-up undertaken to implement the recommendations.

2. The Committee notes with interest that under the Labour Programme of Human Resources Development Canada, the Government started in October 2001 a five-year parliamentary review of the Employment Equity Act. The review will involve an assessment of the progress achieved and the identification of any problem areas. It will also include surveys of (1) private and public sector employers who are subject to the Act, (2) of employers who are subject to the Federal Contractors Program, (3) of unions and other relevant groups and (4) comparisons between employers who are not covered by the Act. The Committee asks the Government to continue to provide information on this review, including findings and any follow-up. Moreover, the Committee notes the results stated in the Employment Equity Report with regard to the impact of the Employment Equity Act on the representation of the four designated groups. In particular, it notes the lack of progress for Aboriginal people and people with disabilities in the private sector and the slow pace of change for people with disabilities and visible minorities in the federal public service. The Committee requests the Government to continue providing information on difficulties in the application of the Employment Equity Act, on the progress achieved in relation to the representation of these four groups designated by the Act together with statistical information on their participation in the labour market. Please continue to provide copies of the annual reports of the Canadian Human Rights Commission.

3. The Committee notes the information in the Government’s report on the audit procedures held by the Human Rights Commission to ensure that the employers consult the employee representatives on the implementation of employment equity according to the provisions of the Employment Equity Act. It notes that in case of non-compliance with the Act, the auditor requires the employer to submit written undertakings to correct the non-compliance and a follow-up audit is then scheduled. The Committee asks the Government to continue to provide information on consultation with employers’ and workers’ representatives in the implementation of the Act.

4. The Committee notes that a Task Force on the Participation of Visible Minorities in the Federal Public Service was created in 1999 and that it delivered the recommendation to, among others, establish a benchmark of one to five for visible minority participation government-wide and that the Government has endorsed the action plan elaborated by the Task Force. The Committee asks the Government to supply information on the implementation of this action plan and on the measures taken or envisaged to extend participation of visible minorities in employment beyond the federal public service.

5. The Committee notes with interest the activities carried out within the Employment Equity Positive Measures Programme (EEPMP), which finished in March this year. In particular, it notes the Employment Equity Career Development Office that provides support across the federal public service to help advance careers of members of the designated groups. The Committee asks the Government to continue supplying information on further achievements of these initiatives and whether and how the Government envisages extending the programme.

6. The Committee notes that a set of economic gender equality indicators have been developed by the Status of Women Canada (SWC) that provide a set of benchmarks in three main areas: income, work and learning. These indicators are a useful framework for gender analysis of policies that can affect women’s and men’s economic situations and for studying the links between paid and unpaid work. It also notes the educational and awareness-raising activities organized by SWC in order to promote the understanding of unpaid work, particularly as it relates to the care of dependents and the several projects to estimate unpaid household work that have been carried out. The Committee asks the Government to supply information on the outcome of these studies and any follow-up.

7. The Committee thanks the Government for the extensive information provided on judicial decisions both at the federal and provincial level. It notes that the largest number of complaints dealing with employment discrimination received by the Human Rights Commission are on the grounds of disability, and those within the context of the Canadian Charter of Rights and Freedoms are on the grounds of race and colour. It also notes that the Mairon and Grismer cases changed the approach of the Human Rights Commission to the investigation of complaints related to discrimination in employment. Given that the burden of proof lies with the respondent and not with the complainant in any complaint of discrimination, the Government states that in future investigations "all allegedly discriminatory standards and policies will have to be justified as rationally connected to the work or service, made in good faith, and reasonably necessary". The Committee would appreciate continuing to receive abstracts of case law on discrimination issues.

8. The Committee asks the Government to supply statistical data, disaggregated by sex, covering both the public and private sectors by area of activity and level of responsibility for all the provinces and at the federal level, in order for the Committee to better appreciate the implementation of the principle of the Convention.

Provinces

9. The Committee notes the Government’s statement that the great majority of workers are employed in provincially regulated businesses. Therefore the Committee urges the Government to provide more information on the application of the Convention at all provincial levels covering both the public and private sectors.

10. British Columbia. The Committee notes the various legislative and other measures to enhance promotion of gender equity. It also notes the British Columbia Human Rights Commission’s report that called on the provincial government to improve the representation of aboriginal people, people with disabilities and visible minorities within the British Columbia public service. It notes that the report identified barriers that prevent hiring, promoting and retaining these groups and that, despite recent progress, they remain under-represented in the province’s public sector. While noting that some progress has been made, the Committee asks the Government to continue to provide information on the efforts taken to improve access to and promotion of under-represented groups in the public sector as well as in the private sector.

11. Quebec. The Committee notes the adoption of the Act on access to equality in employment in the public sector, aimed at enhancing the participation of the more disadvantaged groups in employment, such as women, aboriginals, visible minorities and ethnic minorities whose mother tongue is neither French nor English. The Act requires assessment of the participation in employment of each disadvantaged group, and the establishment of programmes to access employment to correct de facto inequalities, under the supervision of the Human Rights and Youth Rights Commission. The Committee asks the Government to provide information on the practical implementation of the Act. Moreover, the Committee notes the information on the implementation of the recommendation made by the Human Rights and Youth Rights Commission with a view to consolidating equal access programmes. The Government indicates that no action has been taken so far on the recommendations concerning the private sector. As for the public sector, the Government indicated that the Commission refused to set up a competition to hire target groups, namely visible and ethnic minorities, because it deemed that measures to achieve equality of access in employment have to be limited in time, proportionate to their objective, and not prejudicial to the interests of people who do not belong to the target groups. Since no other concrete measures have been reported to be taken to implement the 36 recommendations, the Committee asks the Government to continue to provide information on any follow-up.

12. Ontario. The Committee notes the information in the Government’s report on the inclusion of "same sex partnership" as a ground of forbidden discrimination in the Human Rights Code and the policies released by the Ontario Human Rights Commission on Discrimination and Harassment because of Sexual Orientation, because of Pregnancy, because of Gender Identity, and the Policy and Guidelines on Disability and the Duty to Accommodate. It further notes the awareness campaign targeted at working women, in particular information on available recourse with respect to sexual harassment. It also notes the Ontario Government’s will to introduce new disability legislation since persons with disabilities make up one-sixth of the population in Canada, and yet constitute less than one-tenth of persons in employment. The Committee would appreciate receiving information on whether this new legislation has been adopted, and on the impact of the abovementioned policies on equality of opportunity and treatment in employment and occupation.

13. Saskatchewan. The Committee notes the Northern Hire Policy and the Employment Equity Staffing Policy released by the Public Service Commission to enhance employment opportunities for northerners and the four designated groups within the Government. The Committee asks the Government to supply statistical information to assess the impact of such policies to enhance the participation of the abovementioned groups in the public service and asks the Government to inform it on whether the reported amendments to the Saskatchewan Human Rights Code are now in force.

14. Yukon. The Committee notes that the Yukon Human Rights Act was amended to add "source of income" as a banned ground of discrimination.

15. The Committee notes that no information has been provided on the measures taken to promote equality of opportunity and treatment in employment, occupation and training in the following provinces and territories: Prince Edward Island, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia and Nunavut. Therefore, the Committee trusts that the Government will supply this information in its next report.