At the federal level, the Canadian Human Rights Act prohibits discrimination in the delivery of
goods, services, accommodation, and employment on the grounds of race, national or ethnic
origin and religion, among other grounds.52 Since the Canadian Human Rights Act is a federal
statute, it applies only to those public and private institutions that are within federal legislative
jurisdiction.
c. Provincial Human Rights Legislation
Similar to the Canadian Human Rights Act, provincial human rights legislation applies to
persons and institutions that provide goods, services, and employment contracts within
provincial legislative jurisdiction.53 In this respect the human rights legislation of Alberta,54
British Columbia,55 Ontario56 and Quebec57 prohibit discrimination on the basis of race, religion
and place of origin, among other grounds.58 Subject to some exemptions, Ontario’s human rights
legislation also prohibits discrimination on the ground of citizenship.59
Finally, it is important to note that all federal and provincial human rights legislation must also
comply with the Charter.60
III.
Assessment
In light of the constitutional and human rights framework described above, the Canadian
legislative framework appears to ensure compatibility with Article 3 of the 1954 Convention. By
prohibiting discrimination on the grounds of race, religion and country of origin, there is
Canadian Human Rights Act, RSC 1985, c H-6, at s. 3, available at: http://laws-lois.justice.gc.ca/eng/acts/h6/FullText.html.
53
Constitution Act, 1867, supra note 51 at ss. 91-92.
54
Alberta Human Rights Act, RSA 2000, c A-25.5, at ss. 1-5, & 7-9, available at: http://canlii.ca/t/52fj4 [Alberta
Human Rights Act]
55
Human Rights Code, RSBC 1996, c 210, at ss. 7-14, available at: http://canlii.ca/t/jj1b [BC Human Rights Code]
56
Human Rights Code, RSO 1990, c H.19, at ss. 1-3 & 5, available at: http://canlii.ca/t/51tsz [Ontario Human Rights
Code]
57
Charter of Human Rights and Freedoms, CQLR c C-12, at s. 10, available at: http://canlii.ca/t/hxt9 [Charter of
Human Rights and Freedoms]
58
Alberta Human Rights Act: race, religious beliefs, place of origin; BC Human Rights Code: race, place of origin,
religion; Ontario Human Rights Code: race, place of origin, colour, ethnic origin, citizenship, creed; Charter of
Human Rights and Freedoms: race, religion, ethnic or national origin.
59
Ontario Human Rights Code, supra note 56 at 16. Section 16(1), the anti-discrimination right based on citizenship
is not infringed where Canadian citizenship is a requirement, qualification or consideration imposed or authorized
by law; 16(2) the right is not infringed where citizenship or lawful admission to Canada for permanent residence is a
requirement, qualification or consideration adopted for the purpose of fostering and developing participation in
cultural, educational, trade union or athletic activities by Canadian citizens or persons lawfully admitted to Canada
for permanent residence; 16(3) the anti-discrimination right based on citizenship is not infringed where Canadian
citizenship or domicile in Canada with the intention to obtain Canadian citizenship is a requirement, qualification or
consideration adopted by an organization or enterprise for the holder of chief or senior executive positions.
60
Vriend v. Alberta, [1998] 1 SCR 493, available at: http://canlii.ca/t/1fqt5. In Vriend, the Supreme Court of Canada
found that the exclusion of sexual orientation as a prohibited ground of discrimination in Alberta’s (former) human
right’s legislation was contrary to s. 15(1) of the Charter. As a remedy the Supreme Court read into the Act sexual
orientation as a prohibited ground of discrimination.
52
16