Justice
June 17, 2010New Human Rights
Act Introduced Following Extensive Consultation Process
Newfoundland and Labrador has taken a significant step
forward in the area of human rights with the introduction in the House
of Assembly of the new Human Rights Act, 2010 by the Honourable Felix
Collins, Minister of Justice and Attorney General. This proposed
legislation will replace the Human Rights Code and provides a wide range
of new protections, while also increasing the efficiency of the
complaints process of the Human Rights Commission.
"Today is an important day for the protection of human
rights in Newfoundland and Labrador," said Minister Collins. "After a
consultation process which included public sessions throughout our
province, our government has brought forth a Human Rights Act which is
progressive and sets the course for protection of the human rights of
residents of Newfoundland and Labrador."
The Human Rights Act, 2010 builds upon submissions
from an extensive public consultation process conducted by the
Department of Justice, including submissions from municipalities, labour
groups, various associations, individuals and the legal community.
"The new Act further protects various groups
throughout our province including young adults, women and people living
with disabilities," said Minister Collins. "As a result of this
legislation it will be prohibited to discriminate on such grounds as
pregnancy, source of income, disfigurement, or criminal conviction,
among others. While these changes are generally already practiced and
supported in our province, it is important to signify that
discrimination, either intentional or unintentional, is not to be
tolerated under the laws of our province."
Highlights of the Human Rights Act, 2010 include:
Provides a definition of disability consistent with
other jurisdictions in Canada; Reinserts a modernized preamble which
gives a statement of the fundamental principles of the legislation;
Establishes disfigurement as prohibited in its own right; Prohibits
discrimination in the making of a contract; Removes the age of
restriction of 19 years for employees to file complaints; Clarifies that
discrimination on the basis of pregnancy is prohibited; Prohibits
discrimination on the basis of criminal conviction by an employer when
it is unrelated to the employment; Broadens the definition of marital
status; Provides the Supreme Court of Newfoundland and Labrador, Trial
Division with the ability to review dismissal of complaint(s) by
Executive Director of Human Rights Commission; and, Provides a new
appointment process for commissioners and adjudicators.
Significant changes have also occurred to create
efficiency within the Human Rights Commission of Newfoundland and
Labrador. In order to move complaints through the process more
expeditiously, the Human Rights Act, 2010 will allow for regulation
specifying timelines for documentation related to the complaints
process. In addition, the Executive Director of the Human Rights
Commission will now have expanded power, including the authority,
subject to appeal, to dismiss complaints which are frivolous or do not
fall within the jurisdiction of the Human Rights Act, 2010.
"The introduction of the Human Rights Act, 2010 is a
historic day for Newfoundland and Labrador," said Minister Collins.
"This Act, once implemented, will serve as the guidepost for how we
treat each other in our society and I am confident it reflects the
values of Newfoundlanders and Labradorians and will do so for many years
to come."
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Media contact:
Jennifer Tulk
Director of Communications
Department of Justice
709-729-6985, 699-6524
JenniferTulk@gov.nl.ca
2010 06 17 12:10 p.m.