By Charlotte Dalwood The Red Tape Reduction Implementation Act, 2021 (no. 2), otherwise known as Bill 80, came into force on December 08, 2021 and made several consequential changes to the Alberta Human Rights Act (“the Act”). Bill 80 passed the Legislative Assembly of Alberta as part of a series of Acts intended to cut regulatory red-tape and make it easier for Albertans to access government programs and services. It clarified, modernized, or otherwise updated the Act in five key areas: (1) the Alberta Human Rights Commission’s bylaw-making authority; (2) the Director’s powers and role; (3) s ..read more

By Myrna El Fakhry Tuttle Though sexual assault is the only violent crime in Canada not declining, many incidents are not reported to police for reasons including victim blaming and low confidence in the justice system. In August 2022, Statistics Canada reported that sexual assault is the only violent crime in Canada not declining. According to the report, the sexual assault rate in 2021 was the highest since 1996. There were more than 34,200 reports of sexual assault in Canada in 2021, an 18 per cent increase from 2020. Despite the increase in reporting, the number of sexual assault ..read more

By Myrna El Fakhry Tuttle Studies show a majority of students have witnessed or experienced racism at school, with implications for both students and teachers. A majority of students in Canada have either witnessed or experienced racism at their schools, according to a 2021 survey by the Angus Reid Institute in partnership with the University of British Columbia (ARI/UBC Survey). In this context, racism likely means racial discrimination as opposed to systemic racism. The ARI/UBC Survey said 58% of respondents had seen kids insulted, bullied, or excluded based on their race ..read more

By Myrna El Fakhry Tuttle Under Alberta human rights laws, what do employees have to show in a case of family status discrimination relating to childcare obligations? Provincial, territorial and federal human rights legislation in Canada prohibits discrimination against employees based on family status. This protection includes an employee’s childcare obligations. However, the family status discrimination test has developed in different ways across Canada. And employers often do not know their duty to accommodate an employee’s childcare needs is triggered. Alberta Human Rights Act Section ..read more

By Myrna El Fakhry Tuttle Since the start of the COVID-19 pandemic in March 2020, there has been an increase in racially motivated hate crimes against individuals from East and Southeast Asia in Canada and around the world. In May 2020, the United Nations Secretary General Antonio Guterres said “the pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating and scare-mongering.”  “We must act now to strengthen the immunity of our societies against the virus of hate,” he added. In Canada and since the start of the pandemic, hates crimes against Asian Canadi ..read more

By Myrna El Fakhry Tuttle Consumer racial profiling is usually built on the misconception that certain ethnic groups are more likely to shoplift than others. Consumer racial profiling is a serious issue that has not been researched enough in Canada. Different terms are used to characterize consumer racial profiling, such as “consumer marketplace discrimination” or “shopping while Black”. Consumer racial profiling often occurs in places such as grocery stores, restaurants, clothing stores, department stores, etc. It also comes in various forms, with customers encountering discriminatory treatme ..read more

By Sukhcreet Kaur A recent report, written by former Supreme Court of Canada Justice Louise Arbour, called for systematic change to address the issue of sexual harassment and misconduct against women in the Canadian Armed Forces (CAF). In her report, Justice Arbour examined the institutional shortcomings, structural barriers, and avenues of reform that will be essential to effecting cultural change within the armed forces. Amongst the numerous recommendations offered in the report was one providing that the military justice system gives up its jurisdiction to determine sexual assault offences ..read more

By Jonah Secreti and Michael Cheung  On June 24, 2022, the United States (US) Supreme Court overturned the 1973 decision in Roe v Wade. There have been protests across the US (both in favour and opposed) and demonstrations have spilled into Canada, where there is great concern about its implications for Canada. Canada and the US, while both common law systems, have taken different approaches to the legality of abortion, and it is important to understand these key distinctions. Another significant difference is that in the US, individual states have jurisdiction to pass criminal laws, wher ..read more

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By Myrna El Fakhry Tuttle Since the start of the COVID-19 pandemic in March 2020, there has been an increase in racially motivated hate crimes against individuals from East and Southeast Asia in Canada and around the world. In May 2020, the United Nations Secretary General Antonio Guterres said “the pandemic continues to unleash a tsunami of hate and xenophobia, scapegoating and scare-mongering.”  “We must act now to strengthen the immunity of our societies against the virus of hate,” he added. In Canada and since the start of the pandemic, hates crimes against Asian Canadi ..read more