Introduction:
Human rights statutes in Canada are intended to ensure equality of opportunity for all persons regardless of ancestry, age, sex, religion, or other group characteristics. Such legislation generally applies to areas of public activity such as employment, rental of premises, and the provision of services. It attempts to bring about greater equality by prohibiting differential treatment which is based on group characteristics rather than personal merit. The legislation does, however, recognize that there are situations where it is reasonable and necessary to use a group characteristic as a basis for preference or exclusion .
The Manitoba Human Rights Code reflects these same principles. It also recognizes that it is sometimes difficult for employers, rental agents, proprietors, and other business people to know when a preference or require ment for a particular group characteristic would be deemed to be acceptable and, therefore, in compliance with the Code.
To assist the person who feels obliged to consider certain group characteristics when making business decisions but who wishes to ensure that the distinction is not discriminatory, the Code has provided for binding advisory opinions to be issued by the Manitoba Human Rights Commission. By requesting an advisory opinion under Section 21(1) of the Code, the business or organization can avoid the negative consequences of a complaint of discrimination.
The Commission welcomes this new responsibility and the opportunity it creates to work together with the business community to identify and avoid practices or activities which unnecessarily restrict access to opportunities and benefits for residents of this province.
Any person who is responsible for the implementation of a practice or activity which is within the jurisdiction of The Human Rights Code of Manitoba.
When a practice or activity is contemplated which will involve some form of differential treatment of, or impact on, groups which are defined by characteristics such as ancestry. age. sex. religion, etc., and when such distinctions appear to be permitted by The Human Rights Code.
In some cases, the Commission may determine that it would be inappropriate to issue an advisory opinion.
This may include situations where the issue requires an interpretation of legislation other than The Human Rights Code (e.g. where age requirements or distinctions are in accordance with another statute in force in Manitoba); or where a precedent-setting case is before the Courts; or insufficient information has been made available to the Commission.
If the Commission has stated in an advisory opinion that a practice or activity is not a contravention of The Human Rights Code and, if the facts upon which the opinion is based are complete and accurate, no Complaint of Discrimination alleging that the practice or activity is discriminatory will be acted upon by the Commission.
In general, the advisory opinion will remain in effect for as long as the fact situation upon which it is based remains unchanged. If the situation should change, the Commission should be notified immediately in order to establish whether the advisory opinion still applies.
The Commission may, however, revoke or modify an advisory opinion for other reasons, such as precedent setting rulings by a board of adjudication or the Courts. When an opinion is revoked or modified, it remains in effect until the Commission formally notifies the person (business or organization) who requested the opinion.
If any person believes that an advisory opinion issued by the Commission is inappropriate, he or she may request that the opinion be revoked or modified. The Commission will consider such requests and take the appropriate action .
No. The Code requires that all advisory opinions be accessible to the public for inspection and that the Commission report on all advisory opinions in its Annual Report.
For futher information contact The Manitoba Human Rights Commission office in your area.
