According to a March 21 government news release, the New Brunswick Human Rights Commission has issued its Guideline on Race Discrimination — a 95-page document providing “an analysis of race rights under human rights law” and examining how the province’s Human Rights Act “protects against racially discriminatory practices and policies in employment, housing, services and other protected areas.”
The guideline “traces the evolution of the idea of race in its historical, cultural, political and legal contexts,” states the release.
“It unpacks the meaning of race, racism, race discrimination and racial profiling, with recommendations for best practices that employers and providers of housing and services can adopt to eliminate racially discriminatory policies and conduct,” it states. “The guideline provides an overview of race protections in international human rights law and the Canadian Charter of Rights and Freedoms, and it summarizes the principles of race discrimination analysis adopted by human rights tribunals and courts, including relevant decisions by the Supreme Court of Canada.”
It reviews the “intersectionality” of race as a protected ground and how it overlaps with other grounds in the Act: colour, ancestry, national origin, sex, religion, place of origin and social condition, for example.
In a statement, commission chair Phylomène Zangio urged employers, housing providers and service providers to “implement best human rights practices.”
“Racist attitudes, racism and race discrimination need to be addressed through viable legal frameworks, effective education on race issues, and systemic remedial measures to alleviate race-related disadvantages,” said Zangio.
The guideline, itself, calls race a “complex ground to delineate for a number of reasons.”
“The meaning of race, as it has come to be understood, or the idea that humanity is divided into distinct races with different capabilities, evolved in the context of distinct historical, political and sociocultural developments,” it states.
Among other things, it explores how courts determine racial profiling; the aspects of consumer racial profiling; the impacts of racist comments; racism in the workplace; and how racism plays out in sexual harassment.
The guideline uses case law and courtroom situations to discuss various aspects of racism and their impacts on society.
The New Brunswick Human Rights Commission’s role is to promote human rights and protect the public by upholding equality, non-discrimination and inclusion, states the release.
If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.