Human Rights

Understanding foreign worker issues: Intra-company transfers vs. temporary foreign worker programs

May 31st, 2013 by Laura Bowman

A large number of migrant worker issues have been discussed in the media lately.  However, there are different migrant worker programs in Canada, and these give rise to different legal and policy issues. Unfortunately, the press has referred to all programs as the “temporary foreign worker” program and has failed to explain the different categories and processes involved. Calling these programs a “temporary foreign worker program” is vague; it is like saying there is an “environmental program” rather than a collection of laws that govern the use and treatment of the natural environment in its various forms.

The entry of temporary foreign workers is guided by Immigration and Refugee Protection Act regulations and the general provisions of the Temporary Foreign Workers Guidelines, and is supplemented by provisions contained in international trade agreements for citizens of signatory countries.

Many of the recent controversial transfers rely on the “intra-company transfer” program. The intra‑company transfer program originated under NAFTA and it has become even more explicit recently. This program is very popular with employers who exist as a “multi‑national” corporate entity.

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Upholding the rights of marginalized groups through public interest litigation

February 28th, 2013 by Shelina Ali

Canada’s human rights record has come under fire over the past several months. In December of 2012, Amnesty International released a highly critical report of the state of human rights in Canada. The report details abuses against vulnerable groups in Canada including indigenous peoples, women, migrant workers and refugees.

Amnesty International notes in its report that “support for strong advocacy and diverse, including dissenting, views in debates and discussion of important public policy issues is being dramatically undermined and rapidly dismantled [in Canada].”

This month, Human Rights Watch published a report detailing police abuses against indigenous women and girls in Northern British Columbia. The report found that Canada was not meeting its obligations under international law to address violence against indigenous women and girls.

With the Canadian government under fire for failing in protecting and promoting fundamental human rights in Canada, are there legal avenues that may be available to uphold the rights of marginalized persons, rights enshrined in the Canadian Charter of Rights and Freedoms?

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AODA year-end report and upcoming standards

December 21st, 2012 by Celia Chandler

As we reported to you earlier in the year, in 2012 many of our clients became subject to requirements under the Accessibility for Ontarians with Disabilities Act (2005). Employers with at least 20 employees are obliged to report on compliance with the Accessibility Standards for Customer Service by December 31, 2012.

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2012 a big year for Competing Human Rights.

December 20th, 2012 by Celia Chandler

2012 has been a big year for the concept of competing human rights.

In May, the Ontario  Human Rights Commission published a long-awaited Policy on Competing Human Rights.    Earlier this fall, the media reported widely the case of the woman who was denied a haircut by a  barber because his religion does not allow him to touch a woman.  And today the Supreme Court of Canada ruled on the complex N.S. case: a case that pitted the right of the key witness in a sexual assault trial – the victim – to wear her religious face covering, against the rights of two accused men – her uncle and cousin – to have fair trials.

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OHRC Offers Free Training on the Policy on Competing Human Rights

October 26th, 2012 by Celia Chandler

In April, the Human Rights Commission released its Policy on Competing Human Rights.  This policy provides importance guidance on what to do when to accommodate the rights of one person leads to a possible breach of the rights of another.   This comes up sometimes for our clients and so we were excited to receive an invitation today to attend a free training session on how to use this policy.  We plan to be there and you may want to too!    

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Hate speech and amendments to the Canadian Human Rights Act

July 27th, 2012 by Shelina Ali

The House of Commons recently passed a private member’s bill, Bill C‑304, to amend the Canadian Human Rights Act (CHRA), repealing Section 13, the “hate speech” clause, in its entirety. Bill C‑304, tabled by Brian Storseth, MP for Westlock‑St. Paul, has received very little attention even though its impact may be more extensive than many people realize.

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