Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

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

The Committee notes the detailed information supplied by the Government in its report, including the attached statistical data, court decisions and documentation, as well as the summary of case histories dealt with by the Security Intelligence Review Committee, in reply to its previous direct request.

1. The Committee notes from the 1991 Annual Report on the Employment Equity Act that each of the four designated groups (women, aboriginal peoples, persons with disabilities and members of visible minorities) has improved its reported representation in the labour force, in respect of, inter alia, hirings and promotions. It requests the Government to continue supplying information on further progress achieved with regard to the situation of these four designated groups in the labour force.

2. The Committee also notes the report entitled "A Matter of Fairness" prepared in May 1992 by the Special Committee on the Review of the Employment Equity Act. This Parliamentary Committee recommends that the federal Government establish a National Employment Equity Strategy by 1 November 1993, and that the Employment Equity Act's scope be broadened to cover the following employers: the federal public service, the Royal Canadian Mounted Police, the Canadian armed forces, Parliament (the House of Commons, the Senate and the Library of Parliament) and all federal agencies, boards and commissions. The Committee requests the Government to indicate any changes implemented pursuant to the findings and recommendations of this Special Committee.

3. As regards the Canadian Human Rights Commission, the Committee notes that it considers that it is not empowered to order employers to adopt special programmes to promote equality under the Canadian Human Rights Act, but that it may approve such programmes and settlements which include the terms of proposed special programmes. In addition, the Human Rights Tribunal has the authority to order employers to undertake special measures so as to remedy a situation of discrimination (section 53 of the Act) and may impose special employment programmes on employers to address the problem of systematic discrimination in the hiring and promotion of disadvantaged groups (section 41(2)(a)). The Committee requests the Government to provide samples of such orders, including information on their application in practice and the results achieved.

4. The Committee notes that the federal Department of Justice is currently examining "political belief", source of income and criminal conviction or charge as grounds of discrimination during the review of the Canadian Human Rights Act. It also notes that political opinions and associating for political purposes are recognized under sections 2(b) and 2(d) of the Canadian Charter of Rights and Freedoms, which guarantee freedom of expression and association, respectively.

With regard to the provinces, the Committee notes that the Alberta government, during Alberta's periodic review of its human rights legislation, will take into consideration political opinion and social origin as prohibited grounds of discrimination, that the Manitoba Human Rights Code protects against discrimination on the grounds of "political belief, political association or political activity", and that the Quebec Human Rights Charter prohibits in its section 10 all forms of discrimination on the ground of social origin.

The Committee would be grateful if the Government would continue to supply information on measures taken, including amendments to or any new legislation, both at the federal and the provincial levels, in pursuance of the national policy designed to eliminate discrimination in employment and occupation, so as to take into account expressly all the prohibited grounds of discrimination, in particular, political opinion and social origin, in conformity with Article 1, paragraph 1(a), of the Convention.

5. The Committee thanks the Government for providing a copy of the Quebec Human Rights Commission's recommendation on the conflict between hours of work and the obligation of persons of the Islamic faith to attend prayer services on Friday. It notes with interest the Dairy Pool case, in which the Supreme Court recognized an employer's obligation of reasonable accommodation with respect to religious observances of its employees.

The Committee also notes the existence at the federal level of formal policies allowing for reasonable accommodation with regard to the religious observances of employees (e.g., the Export Development Corporation's "floater holiday" for religious or cultural reasons and the leave policy of the Department of Employment and Immigration Canada). It requests the Government to supply copies of these policies and would be grateful if it would continue supplying information on any other measures taken at the provincial and federal levels to promote equality of opportunity in employment on the basis of religion.

6. With regard to sexual harassment, the Committee notes with interest that under a new provision of the Labour Standards Regulations (section 25(4)), employers must post and keep posted in readily accessible places where they are likely to be seen by employees, copies of a sexual harassment policy statement. It also notes with interest the sexual harassment policy statements from the Quebec Human Rights Commission and the Yukon Human Rights Commission. The Committee would be grateful if the Government would continue to supply information on other action taken at both the federal and provincial levels, to combat harassment in the workplace on the basis of sex.

7. The Committee notes with interest the establishment of the Workplace Equality Fund, with an annual budget of $75,000, administered by the Women's Bureau, to provide financial assistance to projects concerning women, giving priority to projects which help workers balance their work and family responsibilities. It also notes the numerous other examples of promotional activities undertaken, including publications (on family benefits and in connection with anti-racism campaigns) and conferences, educational seminars and workshops at the federal and provincial levels with a view to promoting equality in opportunity and treatment in employment and occupation. The Committee would be grateful if the Government would continue providing information, including data, such as statistics, showing the results achieved, on similar activities in its future reports.