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Canadian Human Rights Act

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The Canadian Human Rights Act is a statute originally passed by the Government of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or religion. It applies throughout Canada, but only to federally regulated activities; each province and territory has its own anti-discrimination law that applies to activities that are not federally regulated. The Canadian Human Rights Act outlines the creation of a Canadian Human Rights Commission that investigates claims of discrimination as well as the creation of a Canadian Human Rights Tribunal to judge the cases. Before a case can be brought to the Tribunal it must go through several stages of investigation and remediation, after which, if the parties are not satisfied will go to the tribunal. If a complainant can show a valid case of discrimination the defendant can rebut it by showing that their practice was for a justified reason. The process is generally known as the "Meiorin test" which is similar to the Oakes test justification in a charter challenge. As with any other court, decisions from the Tribunal are binding with the option to appeal to a higher court.

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Canadian Human Rights Act from Wíkipedia. ©2006 by Wíkipedia. Licensed under the GNU Free Documentation License. View a list of authors or edit this article.

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