Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

The Committee notes the observations of the Canadian Labour Congress (CLC) received on 31 August 2015, the observations of the Public Service Alliance of Canada (PSAC) received on 31 August 2015, the observations of the Confederation of National Trade Unions (CSN) received on 31 August 2015, and the observations of the Coalition of Residential Resources of Quebec (RESSAQ) received on 27 August 2015.

Article 1(1)(a) of the Convention. Discrimination on the grounds of political opinion and social origin. The Committee recalls that it has repeatedly urged the Government to amend the Canadian Human Rights Act (CHRA) and to take the necessary steps to amend the legislation applicable to specific provinces and territories to include the grounds of social origin (or “social condition”) and political opinion as prohibited grounds of discrimination in employment and occupation. The Committee notes with regret the Government’s indication that it has not proposed such amendments to the CHRA or taken any steps to ensure that the legislation of the provinces and territories be amended. It notes the view of the Canadian Human Rights Commission that the addition of such prohibited grounds of discrimination would also better reflect and address the realities of discrimination. The Committee notes the CLC’s observations that social inequalities are a growing problem and “social origin” and “political opinion” should be included as prohibited grounds of discrimination in the CHRA. Recalling that “social condition” is used in Canadian legislation and jurisprudence in a manner consistent with the term “social origin” in the Convention, the Committee notes that the grounds of social origin or social condition are only covered in the legislation of Quebec, Northwest Territories, New Brunswick, and Newfoundland and Labrador; that the ground of “social disadvantage” is prohibited in Manitoba and that the grounds of “political opinion or belief” are prohibited grounds of discrimination in employment in Yukon, Newfoundland, British Columbia, Manitoba, Quebec, Nova Scotia, Prince Edward Island, New Brunswick, and the Northwest Territories. The Committee once again urges the Government to take concrete steps to amend the CHRA to include social origin (or social condition) and political opinion as prohibited grounds of discrimination in employment and occupation and to indicate progress made in this regard. It further asks the Government to identify the steps taken to include these grounds in the legislation of these provinces and territories that have not yet included them as prohibited grounds and report on the progress made. The Committee also asks the Government to provide information on the manner in which workers are protected in practice against discrimination on grounds of social origin and political opinion.

Article 2. National equality policy. The Committee notes that the CLC has repeatedly stressed the need for the development of a more structured national policy on equality in employment and occupation that encompasses unifying principles for all jurisdictions and expresses the goals to be achieved. The Government repeats its indication that all Canadian governments are pursuing and coordinating active policies designed to implement the Convention, and that the federal Government is not in a position to develop and implement laws, regulations, policies and programmes at the federal level with respect to matters such as employment discrimination, where the provinces and territories exercise jurisdiction. The Committee encourages the Government to discuss this matter with representatives of workers’ and employers’ organizations with a view to developing, at the federal level, a coherent national policy on equality in employment and occupation, and to provide information on the steps taken in this regard and the results achieved.

Articles 2 and 3. Occupational gender segregation. The Committee recalls its previous comments addressing issues of persisting inequalities between men and women. The Committee notes the information on the various measures and programmes undertaken at the federal and provincial levels to advance women’s representation in skilled trades and technical professions, including in the apprenticeship programme. It also notes the new requirement, which came into effect on 31 December 2014, for companies listed on the Toronto Stock Exchange to report publically on steps they are taking to increase the number of women on boards. Despite these measures, the Committee notes the concern of the PSAC that women’s participation in the labour force has remained stagnant and that women remain concentrated in areas that are underpaid and subject to staffing cuts. They point out that the situation is more serious for Afro-Canadian and indigenous women and for women with disabilities. They also point to the existence of discriminatory practices against persons with family responsibilities and the lack of childcare services which has a negative impact, in particular on women’s employment opportunities. The Committee notes the indication by the CLC that the Government is undertaking a gender-based analysis of the apprenticeship programmes to help address the under representation of women in non-traditional work and that the CLC makes a number of recommendations for the Government to consider. The Committee further notes the observations of the CSN underlining the difficulty young women face in entering the labour market and the negative impact of gender-based occupational segregation. The Committee also notes that in his letter of mandate, the Prime Minister has called on the Minister of the Status of Women, along with the Minister of Innovation, Science and Economic Development, to review the current collection of gender statistics and their use by departments to develop, monitor and evaluate policies and programmes, with the goal of increasing the participation of women in fields where they are under-represented. The Committee asks the Government to continue to provide information on the steps taken both at the federal and the provincial levels to address the structural barriers resulting in gender-based occupational segregation (both horizontal and vertical) and to promote women’s access to training and employment in areas traditionally dominated by men, including through the apprenticeship programmes. The Committee asks that the Government will take into account the recommendations of the CLC in this regard. Please also provide information on the results of the review called for by the Prime Minister and the follow-up action taken, specifically in relation to Afro-Canadian and indigenous women and women with disabilities who face challenges entering the labour market.

Article 3. Gender equality in employment and occupation of postal contractors. Indirect discrimination. The Committee recalls the concerns raised by the CLC relating to indirect discrimination against postal contractors and addresses this issue in its direct request.

Gender equality in employment and occupation of residential welfare workers in Quebec. Indirect discrimination. The Committee notes the concerns raised by the RESSAQ on the discriminatory impact of the Law on Representation Resources (LRR) on their members, the majority of whom are women, and addresses this issue in its observation under the Equal Remuneration Convention, 1951 (No. 100).

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