A/HRC/13/23/Add.2
making use of language skills and cultural understandings.5 The federal Multiculturalism
Program encourages federal institutions to meet their obligations under the Act and aims to
remove barriers related to ethnicity, race, culture and religion.
17.
Most provinces and territories have multiculturalism legislation or policies,
including British Columbia which adopted its Multiculturalism Act in 1993, and Ontario
which adopted a Ministry of Citizenship and Culture Act in 1982. Quebec designates its
policy as “inter-culturalism” and has a Ministry of Immigration and Cultural Communities.
18.
Specific legislation and protection bodies exist in the provinces of Canada. The
Human Rights Code of Ontario is administered by the Ontario Human Rights Commission
and the Human Rights Tribunal of Ontario. The province’s Human Rights Legal Support
Centre also provides legal services to individuals. The British Columbia Human Rights
Code created the British Columbia Human Rights Tribunal, an independent, quasi-judicial
body responsible for accepting, screening, mediating and adjudicating human rights
complaints. The Quebec Charter of Human Rights and Freedoms covers civil and political
rights as well as economic and social rights. The Human Rights and Youth Rights
Commission is responsible for promoting and upholding the Quebec Charter and a Human
Rights Tribunal hears cases referred by the Commission.
19.
Minority spokespersons highlighted concerns regarding the erosion of avenues of
redress for victims of discrimination. They note that in 2007 the investigatory powers of the
Ontario Commission were diluted. Charges of political correctness, bias and criticism of
evidential standards have reportedly served to create a negative environment in which
Commissions conduct their work. Muslim representatives described a backlash against
Commissions following cases that Muslim groups have asked them to consider. Some
perceive this as a part of a wider climate of hostility against Muslims when they attempt to
raise their concerns.
20.
Minority spokespersons cite the abolition of the British Columbia Human Rights
Commission in 2003 and attacks on other provincial or territorial bodies that provide
accessible and affordable avenues of complaint. While cases are heard by the British
Columbia Human Rights Tribunal, the Commission is no longer available to assist victims
with the preparation of cases, conduct investigations, prepare reports, offer advisory
services, monitor government policy or conduct public education.
21.
The Government notes that review of the British Columbia Human Rights
Commission revealed inefficiencies, delays in processing complaints and a high percentage
of complaints dismissed. British Columbia replaced the Commission with direct access to
the Human Rights Tribunal. According to the Government, the Tribunal is reportedly able
to process a complaint, notify respondents, provide mediation services and schedule a
hearing date within six months, whereas some complaints previously took up to three years
to resolve. A Human Rights Clinic provides assistance, including legal representation to
eligible complainants and respondents. The Clinic is mandated to deliver a public education
programme on the British Columbia Human Rights Code and deal with requests for
information.
22.
Minorities criticized the abolition of the Court Challenges Program. This national
initiative, previously funded by the Department of Canadian Heritage, provided financial
assistance to linguistic and disadvantaged minority groups and individuals to initiate court
challenges which sought to clarify matters related to constitutional rights and freedoms,
equality and official language rights. The Program was discussed positively in Canada’s
5
GE.10-11860
See Annual Report on the Operation of the Canadian Multiculturalism Act 2007–2008, part 3,
available from www.cic.gc.ca/ENGLISH/resources/publications/multi-report2008/part3.asp.
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