Canadian Human Rights Case Study

The Charter of Rights and Freedoms upholds the individual rights of all Canadians. Agree or disagree with the following statement.

The trial judge convicted Davis on three different counts. The counts were: possession of a weapon with harmful intentions, the assault of a police officer while on

The Human Rights Tribunal of Ontario (“HRTO”) provides a mediation option for applicants and respondents. Parties maintain their right to proceed to a hearing if no resolution is obtained through mediation before a HRTO mediator. Mediation can be scheduled via the application and response forms or through facilitation by an HRTO adjudicator. Once the parties have agreed to participate in mediation, the tribunal will confirm via notice of mediation. At the HRTO, mediation is more commonly used than adjudication. Thus, counsel should be prepared to resolve cases in this manner. The HRTO offers thirteen regional offices where mediation can occur. In each location the mediation will occur in a private room with options for single “break-out rooms” for each party.

Society is better than it used to be at recognising the needs of deaf people; there are more public buildings such as cinemas, theatres and conference facilities that have loop systems so that people who can use hearing aids are able to listen to what is being said or performed. There some events that now have signers to translate speeches and performances. Many television programmes now have access to subtitles and some have signers, although these tend to be late at night. People with any kind of sensory loss can have difficulties in finding employment. Even though the Equality Act and the Disability Discrimination Act mean that employers cannot discriminate, it is hard to convince an employer that a sensory loss does not necessarily mean that someone is unable to do a job.

| in addition to age, under the Equality Act people cannot be discriminated against as a result of any of the other ‘protected characteristics’. These are: disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Throughout history, people have had their basic human rights violated. This has been due, to other people's, groups, and the government's ideas, and actions. One of the renown instances of such thing happening is during the colonial times to 1865.In which millions of people had their basic human rights taken from them. In that time period, slavery was used to strip people of their basic human rights due to prejudice, and for the fact, it was a significant part of the American colony's economy.

1.3 The legislation relating to equality, diversity and inclusion, stems both from UK government and European union. It offers protection from discrimination on grounds of age, disability, gender, race and ethnic origin, religious faith or belief and sexual orientation. The legislation has implications on all workplaces, in terms of employment practice and in terms of the services provided. Compliance with the legislation must be embedded in your Equality, Diversity and Inclusion policies.

“Americans with Disabilities Act of 1990 Title I does not allow any private employers, local, and state governments, labor unions and employment agencies from discriminating against qualified individuals with disabilities in job application procedures, firing, hiring, job training, advancement and other terms, privileges, and conditions of employment” (The U.S. Equal Employment Opportunity

Canada is perceived by other nations as a peace-loving and good-natured nation that values the rights of the individual above all else. This commonly held belief is a perception that has only come around as of late, and upon digging through Canadian history it quickly becomes obvious that this is not the truth. Canadian history is polluted with numerous events upon which the idea that Canada is a role model for Human Rights shows to be false. An extreme example of this disregard for Human Rights takes place at the beginning of the twentieth-century, which is the excessive prejudice and preconceived notions that were held as truths against immigrants attempting to enter Canada. Another prime example of these prejudices and improper

The disability can range from any form of walking, talking, seeing, hearing, and learning. This law also extends to persons diagnosed with HIV or AIDS as well any person who has completed drug and alcohol rehabilitation. This law was enacted to protect people with disabilities and provide them with employment opportunities. All organizations within in United State of America must provide these disabled employees with various accommodations such as elevators, access lamps, and telephones with hearing impaired equipment. If an organization does not comply with this law they maybe subject to civil penalties such as $55,000 for the first violation or $110,000 for each subsequent violation. If cited for major noncompliance the organization could cause warranty compulsory and punitive damages (United State Department of Labor,

According to Gary Dessler, “employers with 15 or more workers are prohibited from discriminating against qualified individuals with disabilities with regard to applications, hiring, discharge, compensation, advancement, training, or other terms, conditions, or privileges of employment. It also says that employers must make ‘reasonable accommodations’ for physical or mental limitations unless doing so imposes an ‘undue hardship’ on the business.” It not only prohibits discrimination in employment but also outlaws most physical barriers in public accommodations, transportation, telecommunications, and government services.

Every person in the organization with a disability has a different need. Organizations work around the clock in many occasions to comply with the accommodations of each individual in the organization. Educating staff in how to comply with the requirements of ADA can be quite challenging. Organizations are afraid to hire, retain or accommodate workers with disabilities because of lack of awareness of disability and accommodations issues, concern over costs, and legal liability (Kaye et al., 2011). It is therefore the responsibility of the organization to educate management about the law and train on disabilities and accommodations. The guidelines, regulations, and building codes should be implemented to make the facility more welcoming and inviting to workers with disabilities (Stryker, R. (2013).

One of the current social policies in place that protect the rights of the Deaf and hearing impaired is the Americans with Disabilities Act. (The Americans with Disabilities Act, 1990 ) The ADA is a body of laws and policies that bans discrimination against those with disabilities. This includes the deaf and hearing impaired population. The ADA has four sections that cover: employment, public accommodations, government and telecommunications. In order to be compliant with the ADA, employers are compelled to inquire about the types of accommodation needs the deaf employee has so that they may work alongside others with the least amount of distractions or interruptions.

When the law was signed, new doors opened for the deaf and hard of hearing culture for a better opportunity in gaining equal rights. President Bush appointed four titles to protect deaf and hard of hearing people. In “The ADA and Deaf Culture” by Tucker, B. Title I, prohibits both public and private employers from refusing to hire or promote an individual because of his or her impairment and requires employers to provide reasonable accommodations for applicants or employees who are deaf or hard of hearing (Tucker 28). If a deaf or hard of hearing employee can pass the essential part of the job qualification, he or she is protected by the ADA to be hired. Also, the ADA prohibits employers to discriminate disabled people in means of recruitment, job applications procedures, pay rates, and promotions. The second title, Title II, “Requires all state and local government agencies to make all of their services accessible to individuals with disability” (NAD 22). This ensures people with disability to be able to participate in services, programs, and activities who can meet the essential eligibility requirements. Such places that must make these accommodations are schools, libraries, police and fire department, public hospitals, jails and prisons, motor vehicle departments, parks and

As a closing thought, please keep in mind the respect for “difference” that we all MUST have in this country. Deaf or hearing-impaired individuals are not necessarily “disabled”, but rather “different”. Although this difference may seem extremely complicated to the hearing world, it is one that is often embraced in the deaf world. Let us respect all people and their right to knowledge! Hopefully,