A/HRC/13/23/Add.2 12. The Charter of Rights and Freedoms, as part of the Canada Act, 1982, applies to all government legislation and action, federal, provincial and territorial, which must be in conformity with it. It also applies to actions of municipalities. Section 15 (1) states that: “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.” The Charter allows for affirmative action measures to ensure equality under Section 15 (2). Although the Charter does not apply to purely private action, human rights legislation does apply in the areas of employment, accommodation and services. 13. The Constitution empowers the courts with the ability to strike down or read down legislation that is inconsistent with the Charter. In addition, the Charter states that anyone whose Charter rights have been infringed can apply to a court for an appropriate and just remedy. This allows a court to award a range of remedies, including damages. 14. The purpose of the Canadian Human Rights Act (1977) is: “to give effect … to the principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated … without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted”. The Act applies only to the federal Government and to federally regulated bodies and activities throughout Canada. The Act established the Canadian Human Rights Commission, mandated to investigate claims of discrimination, and the Canadian Human Rights Tribunal to judge discrimination cases. Each province and territory has its own anti-discrimination law, and concerns related to discrimination by such organizations as retail and hospitality businesses, hospitals or health-care providers, educational institutions and most manufacturers come under provincial or territorial jurisdiction. 15. The Canadian Human Rights Commission administers the Canadian Human Rights Act and is responsible for ensuring compliance with the Employment Equity Act.3 Both laws ensure that the principles of equal opportunity and non-discrimination are followed in all areas of federal jurisdiction. Citizens, permanent residents or persons legally present in Canada can file complaints under the Canadian Human Rights Act with the Canadian Human Rights Commission, however complaints may only be filed against federally regulated organizations, employers, unions and service providers, representing just 10 per cent of organizations.4 All other cases must be addressed to the provincial and territorial bodies. 16. The Canadian Multiculturalism Act, adopted in July 1988, requires federally regulated institutions, in all their activities, to be sensitive and responsive to the multicultural reality of Canada. They are responsible for ensuring equal opportunity for employment in federal institutions, enhancing the ability of individuals and communities to contribute to the continuing evolution of Canada, enhancing the understanding of and respect for the diversity of the members of Canadian society, collecting statistical data, and 3 4 6 See www.chrc-ccdp.ca/default-en.asp. Discrimination cases can be brought against federally regulated employers and service providers: federal departments, agencies and Crown corporations; chartered banks; airlines; television and radio stations; interprovincial communications and telephone companies; buses and railways that travel between provinces; First Nations; other federally regulated industries. GE.10-11860