Human Rights Commission may add family status as grounds of discrimination
Public input will be sought on any changes to Human Rights Act proposed following review, says director
The New Brunswick Human Rights Commission is considering adding family status as a grounds of discrimination under the provincial Human Rights Act as part of an ongoing review, and will be seeking public input on any proposed changes.
Marc-Alain Mallet, the commission's direct or, said an internal review of the act has been underway for about eight months.
The last in-depth review was around 2009 and he said a lot has evolved since that time.
"So we always try to make sure that our legislation is kept current and that it also aligns with other jurisdictions because the protection of human rights, obviously, is a universal endeavour," he said.
Earlier this week, the case of a Fredericton mother highlighted the fact that New Brunswick is currently the only province that doesn't include family status as a grounds of discrimination.
Sacha DeWolfe, who was turned away from a Fredericton spa because she had her baby with her, thinks that should change.
DeWolfe, 37, had an eyebrow waxing appointment booked at Avalon SalonSpa's Uptown location on Feb. 5.
But when she arrived carrying her sleeping five-month-old son in his car seat, she was told children weren't allowed in.
But DeWolfe, who is on maternity leave and has limited childcare options, contends there should be accommodations made for people with children, such as a separate area, or a designated day and time for service.
"The thing is, for a mother who's on maternity leave and breast feeding, and you don't have time to do things for yourself, and to be mentally and physically healthy is imperative when you're raising a child, and just to have some quick little service like that makes a person feel better," said DeWolfe.
"So it's an everyday activity that I was denied, that's how I feel," she said.
"And people need to challenge these things."
Expanding human rights code
In Ontario, the Human Rights Code prohibits discrimination based on family status in the social areas of services, goods and facilities.
"Human rights law affirms the principle that society should be structured and designed for inclusiveness. Service providers have a duty to provide equal access without discrimination on the basis of family status," the Ontario Human Rights Commission's website states.
Service providers should, where possible, consider the needs of individuals with caregiving responsibilities when designing programs, procedures, and facilities.- Ontario Human Rights Code
"Service providers should, where possible, consider the needs of individuals with caregiving responsibilities when designing programs, procedures, and facilities," it states.
Restaurants, for example, can ensure high-chairs are available and theatres can ensure their aisles are wide enough for strollers.
And while the Ontario commission recognizes there may be circumstances where the behaviour normally associated with children might be incompatible with the nature of the service being offered, it points out it may be problematic to use aged-based restrictions to exclude children.
"Children are as variable in their behaviour as adults … It may be more appropriate to specify the essential requirements for accessing the service in question," the Ontario commission suggests.
"For example, loud and persistent children's crying during a theatrical performance may interfere with the ability of other patrons to hear and enjoy the performance. It may therefore be a bona fide requirement that patrons be quiet during the performance, and that crying or noisy children be removed."
Constantly evolving
New Brunswick is considering adding family status as a grounds of discrimination, according to the provincial commission's director.
But the review of the act will cover more than just the grounds, said Mallet, calling it a "comprehensive process."
"The jurisprudence is probably fastest evolving around human rights," he said. "It deals with changes in society in general that are driven by various socio-economic factors," such as changing demographics, he said.
As it stands, Mallet believes New Brunswick fares "extremely well," compared to other jurisdictions.
"I think we've kept pace, even though, I mean, the world is changing around us ever faster," he said.
In 1967, when the act was first enacted, there were only seven grounds of discrimination, he said. Today, there are 15.
"So that gives you, over 50 years, how much has evolved and the tools that New Brunswick has given itself to be able to provide some measures of equality," said Mallet.
"And I'm sure that it's going to keep on evolving as society evolves and the needs of citizens change."
The commission is in the process of finalizing its research, comparing the New Brunswick act with other jurisdictions and drafting proposed changes, said Mallet.
There will be a consultation phase with stakeholders and the general public, he said.
Then it will go to the Department of Post-Secondary Education, Training and Labour, which is responsible for the commission, central government, and the legislative assembly.
Mallet hopes to see changes ready by next year, in time for the commission's 50th anniversary.
The 15 grounds of discrimination currently covered by the New Brunswick act include:
- Race
- Colour
- National origin
- Place of origin
- Ancestry
- Religion
- Age
- Marital status
- Sex (including pregnancy and gender identity)
- Sexual orientation
- Physical disability
- Mental disability
- Sexual harassment
- Social condition, which includes source of income, level of education and occupation
- Political belief or activity