34 ~ Sunday, April 13, 1997 — North Shore News Three ways to protect your equality rights “Every individual is equal before and under th: law and has the right to tie equal pro- tection and equal benefit of the law without discrimination and, in particular, without dis- crimination based on race. ational or ethnic origin, colour, religion, sex, age or mental or phy bility.” — Section 13(1), Canadian Charter of Rights and Freedoms By David Hosking Contributing Writer YOU won’t find “Equality Day” on your calendar and you cer- tainly won’t get a day off from work. But for the past 11 years, April 17 has been, for at least some Canadians, a day to cele- brate how our Constitution and our laws guarantee equali- ty rights. Thar is because Section 15 of the Canadian Charter of Rights and Freedoms, the sec- tion dealing specifically with equality rights, came into effect on April 17, 1985. For the first ime, the notion that Canadians are equal was enshrined in our Constitution, the supreme law of the land. And since Section 15 came into effect, Canadian courts have been repeatedly asked to determine whether existing tederal and provinc ‘laws are truly fair to all. Cases under the Charter have dealer with a wide range of equality rights issue:, from the accom- modation of religious minori- ties to pregnancy leave, mandatory retirement, child support, and sexual orienta- tion. While the Charter is an important instrument for guaranteeing equality and pre- venting disc: not the only vehicle British Columbians have available. First of all, Section 15 of the Charter only applies to governnients and actions of government, so that it cannot be used to fight discrimination -in the private sector. Secondly, it is necessary to go to court to challenge a law ander the Charter, which can prove a costly and lengthy process. People who feel they have’ been discriminated against at work, in obtaining a service, or in housing are more likely to make use of federal or provincial human rights laws than they are to launch a Charter challenge. The Canadian Human Rights Act and the British Columbia Human Rights Act are similar in that they prohibit discrimi- nation on a variety of grounds, including sex, race, colour, origin, martial status, family status, age and disabili- The B.C. Human Rights Act also lists sexual orientation as a prohibited ground of dis- crimination. Although that ground is not specifically men- tioned in the federal Act, it is actually included as a result of a court decision. The difference between the two Acts is a marter of juris- diction: some sectors of the economy come uader federal are provi Human Right discrimination in federal ju diction. For example: the fed- eral government, federal Crown Corporations, and such federally-regulated see- tors as banking, telecommuni- broadcasting. 4 if Tees V4 1. iss, if you believe you have ‘97 Camry Kegon he eo tow km, excellent con, CAMilly Value = Le $ | Sale 10,6 eB a leather interior ee p/w.p/l, excellent condition, red & suffered discrimination by a tank, airline or telephone company -— cither as an emplovee or a customer — you would be covered by the federal Human Rights Act. Most other sectors of the economy, including housing, education, manufacturing and retail, are provincially-regulat- ed and covered by provincial human rights laws like the B.C. Human Rights Act. Both the federal and provide for “cand deal with discrimination com- plaints: the Canadian Human Rights Conmmission and the 7 COST OF BORROWING 9 “TOYOTA” AMOUNT 500 =| rs B.C. Human Rights Couneil. While their structures and procedures are different, both ies have the same basic >to ensure that the rights of discrimination vie- tims are restored. Unlike crim- inal Taw, human ri nor punitive: ers and individuals are not found “guilty” of discrimina- tion, Instead, every effort is made to resolve complaints to the mutual satistaction of both parties. Only when there is ao settlement does the « a Human Rights * (tederal) or la hearing (provin- COST OF BORROWING r THE “BANK** cial}. The equality provisions of the Charter, the Canadian Human Rights Act and the B. Human Rights Act do not duplicate each other: they complement each other to create a comprehensive trame- work for human rights protec- tion. Whether we can ever truly eliminate discrimination in Canada has yet to be scen,bur we have made progress. That is certainly something worth cvlebr: on Equality Day. David Hosking is the Uestern Region Director of the ON 1997 TOYOTA’ S °C camry © Corolla *Tercele Paseo Tacoma © T100e Rav4 « ARunner 4.8% FINANCING 48 MON’ RED 146 DAYS SAVINGS Pe CLEARANCE Loaded, blac! Sale, °8, 988 ia only 83,000 km, sunroof, new tires Automatic, 1 a owner, books Sale “20,5 968 & records, loaded 417,000 km, bought & Mserviced at Jimi Only a 988 ea 1765 Marine Brive, North Vancouver 985-0591 ef $229 39 aquawng $11,010.72. Finance offer spphes te a 2997 Toyota Camry, Corolla, Terces, Paseo, Toyoe Tacomn, T100, Revd, 4 Runiner models my dasior Finance offer opiens 10 quatted ratad Curminers OATE1 ONO A.C $10,000 at 4 BN requees a monthly payne PRICES On ee ple Red, white . oof, auto, excellent | [only 21, 686 we RLeather, tinted 9 mvindows, fully equipped tor all iim season comtort aa Only 72,600 km, toaded, a 1 ovener, focal, 6 cyl, 4.0 litre, sport model, afioy smock ‘Rime tam na at ot RP Cier ends Sune 2, 1997, Canadian Humen Rights Conimission. — The North Shore News believes strongly in freedom of speech and the right of all ades tn a atebace to be heard. The ists publised in the News present diff-ring points of view, but thors views are not necessarily those of the newspa- per itself. ff) you have a column please send it c/o The Editor, North Shore News, 1159 Lonsdale Ave, Norch Vancouver, V7M 2H 4 or via e-mail to tren- shawdirect.ca. Submissions must be typewritten and should be approximately 500 words. '97 Corolla : drives like ‘new! eet returns only 3 left, 4 dr i models with incl. leather interior . Reduced to *15, 588