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Justice
June 17, 2010

New 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.
 


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