Volume 76 e-Volume in CHRR Online
January 2014 Human Rights Digest
Volume 76 in CHRR Online
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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...
$161,737 for Lost Wages Awarded to Person with a Developmental Disability
DISABILITY — EQUAL PAY / Decision on an application alleging discrimination in employment on the basis of disability. The applicant, who is a person with a developmental delay, alleged that while she performed substantially the same duties as general labourers who did not have developmental disabilities, she was paid significantly less. The Tribunal found that the pay differential was a...
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