The Saskatchewan Human Rights Commission hosted a presentation at the Moose Jaw Public Library on Tuesday evening to discuss inherent rights and hear from local residents.
The commission was formed in 1972 and is an independent agency of the Government of Saskatchewan that serves to protect the public’s equal rights.
“We’re hoping to reach people in Moose Jaw and elsewhere in Saskatchewan to provide them with information about human rights they have in their daily lives—be it at school or at work—and to also hear from the citizens of Moose Jaw about their concerns when it comes to human rights,” said Robin Mowat, director of systemic initiatives with the Saskatchewan Human Rights Commission.
The presentation outlined the three levels of human rights: international (declarations, charters, conventions, etc.), national (Canadian Charter of Rights and Freedoms and the Bill of Rights), and provincial (The Saskatchewan Human Rights Code).
In Saskatchewan, the Human Rights Code was created in 1972 and combined the Equal Pay Act, 1953, the Fair Employment Practices Act and the Fair Accommodation Practices Act. Over the past 14 years, the code has undergone changes, including a shift from a tribunal system to a court-based approach with an emphasis on mediation.
“The code is, at its heart, anti-discrimination legislation, and it helps to define what acts are, in fact, discriminatory under the law,” said Maria Soonias-Ali, systemic specialist with the commission.
There are 15 protected grounds under the code, including:
- Disability (mental and physical)
- Age
- Religion
- Creed
- Family status
- Marital status
- Sex
- Sexual orientation
- Race or perceived race
- Nationality
- Place of origin
- Ancestry
- Colour
- Gender identity
- Receipt of public assistance
“In any given complaint that we may face, there could be one listed or there could be more than one. It depends on the individual complaint, the circumstances, the person filing the complaint, and so on,” said Soonias-Ali.
So, where are you protected? Under the Human Rights Code, all people are protected in 10 areas:
- Employment
- Education
- Housing
- Public services
- Contracts
- Trade associations
- Occupations
- Trade unions
- Publications
Private relationships, however, are not covered under the Saskatchewan Human Rights Code.
Therefore, a complaint must involve a protected characteristic, a protected area, and an element of discrimination.
Soonias-Ali noted that many people are unclear about the legal definition of discrimination.
“It can be something such as an action, policy or practice resulting in a disadvantage by treating people differently from others because of a protected characteristic. It could also be something that’s intentional, or something that is unintentional,” she said.
She added that discrimination can also occur when people are treated equally. For example, a mandatory written exam for employment could be discriminatory toward someone with a visual disability.
Last year, the Saskatchewan Human Rights Commission fielded 2,755 inquiries. It received 522 complaints, and 106 were accepted for mediation or investigation.
“Some of that could be due to us just not being the place that would serve that complaint. The complaint may not be human rights related. It could be that there is not enough information to move forward—any number of things,” said Soonias-Ali.
Each case is unique, but generally, a complaint is filed and undergoes an initial assessment. If the complaint is deemed valid, a formal complaint is served to the respondent, who is then invited to respond. All parties are brought together for mediation. The commission has independent mediators on staff who use principles of restorative justice.
About 80 per cent of complaints are resolved through mediation. If not, the process continues with an investigation, commission review, direct mediation, and, if necessary, a hearing at the Court of King’s Bench. Only about 1.5 to 3 per cent of cases reach the courts.
On average, it takes about 11 months to resolve a complaint.
“It can take a while. We are working hard to reduce those timelines as much as we can, but there’s also a balance between resources and all these things,” Mowat said.
Over the past 25 years, the commission has seen an increase in complaints, citing population growth among immigrants, visible minorities, and Indigenous people.
Disability-related complaints have increased by nearly 40 percentage points over the past 30 years.
For more information about the Saskatchewan Human Rights Commission or to learn how to file a complaint, visit www.saskatchewanhumanrights.ca.