January 2014 Human Rights Digest
Volume 76 in CHRR Online
November / December 2013 Human Rights Digest
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Determining Eligibility for Indian Status is a Public Service After All
The Canadian Human Rights Tribunal has taken a step forward. Diverging from its decisions in Matson v. Canada (Indian Affairs and Northern Development) (No. 4) (CHRR Doc. 13-0362) and Andrews v. Canada (Indian Affairs and Northern Development) (No. 2) (CHRR Doc. 13-3127) it decided in Beattie v. Canada (Aboriginal Affairs and Northern Development) (CHRR Doc. 14-3001) that the Canadian Human Rights Act (“CHRA”) can be applied to the status registration provisions of the Indian Act. This case deals with custom adoption.
The criteria for status eligibility are set out in the Indian Act. However, entitlement to registration is not automatic, but is determined by the Registrar. The criteria are based on lineage, but it...
Sexual Harassment Poisons Workplace
SEXUAL HARASSMENT / Decision on an application alleging discrimination in employment on the basis of sex, including sexual harassment; sexual solicitation or advances; and reprisal or threat of reprisal. The Tribunal found that the respondent's sexual harassment, which included exposing himself, stalking and text messages, was very serious and had a significant negative effect on the applicant...
What Was Said
Alberta Human Rights Tribunal Chair, William D. McFetridge
"... The protection of employee privacy cannot be used to justify wilful ignorance or insulate the employer from its obligations to disabled employees."
Human Rights Digest 15-1, January 2014