The Constitutional Law Of The Canadian Charter Of Rights

1178 WordsNov 16, 20155 Pages
1. Constitutional Law: The constitutional law defined in the textbook is “all laws in Canada that come into force in a dispute between a private person and a branch of government ( whether legislative, executive, or administrative) fall under the constitution.The constitution has precedence over all of the other legal means.” Unless the actual recruitment and selection practices are challenged in a Human Rights Tribunal or court, there is no actual direct effect on recruitment and selection as stated in the text. This means that the Canadian Human Rights Act states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination. However, if any of these were to be brought up it would be brought up in a Human Rights Tribunal, which is similar to court just not as formal. Section 15 of the Canadian Charter of Rights and Freedoms states that “ every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age and mental or physical disability”. It is important when recruiting for any workplace you are not discriminating in recruitment and selection process in any way. 2. Human Rights Legislation: This legislation forbids discrimination in both employment and the “provision of goods and services” across Canada. Section 8 of the
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