Alberta Human Rights Commission
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The Alberta Human Rights Commission (AHRC) is a
quasi-judicial A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an Arbitration, arbitration panel or tribunal, tribunal board, that can be a public administrative agency but also a contract- or private law en ...
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
body in
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
, Canada, created by the
provincial government A state government is the government that controls a subdivision of a country in a federal form of government, which shares political power with the federal or national government. A state government may have some level of political autonomy, ...
. The Commission was established under and tasked with administering the ''Alberta Human Rights Act'' (AHRA). Its mandate is to reduce discrimination in Alberta "through the resolution and settlement of complaints of discrimination, and through human rights tribunal and court hearings." In relation to complaint resolution and settlement, the primary purpose of the tribunals is adjudicative. It is headed by the Chief of the Commission and Tribunals, who is tasked with informing Alberta's Minister of Justice and Solicitor General of human rights issues, as well as providing guidance to Commission members regarding such functions as their tribunal hearings, and to the Commission director regarding the overall objective of the Commission. Both the Chief and Commission members are appointed by
Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...
. The AHRC differs from the
Canadian Human Rights Commission The Canadian Human Rights Commission (CHRC) was established in 1977 by the government of Canada. It is empowered under the ''Canadian Human Rights Act'' to investigate and to try to settle complaints of discrimination in employment and in the pro ...
(CHRC), which deals with complaints relating to treatment by the federal government or a federally-regulated business.


Organization

The functions of the Commission are laid out in the ''Alberta Human Rights Act''. In particular, section 16(1) states that the function of the Commission is:
(a) to forward the principle that all persons are equal in dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, (b) to promote awareness and appreciation of and respect for the multicultural heritage of Alberta society, (c) to promote an environment in which all Albertans can participate in and contribute to the cultural, social, economic and political life of Alberta, (d) to encourage all sectors of Alberta society to provide equality of opportunity, (e) to research, develop and conduct educational programs designed to eliminate discriminatory practices related to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, (f) to promote an understanding of, acceptance of an compliance with this Act, (g) to encourage and coordinate both public and private human rights programs and activities, and (h) to advise the Minister on matters related to this Act.


Members and leadership

The Commission is headed by the Chief of the Commission and Tribunals, who is tasked with informing Alberta's Minister of Justice and Solicitor General of human rights issues, as well as providing guidance to Commission members regarding such functions as their tribunal hearings, and to the Commission director regarding the overall objective of the Commission. Section 15 of the ''Alberta Human Rights Act'' provides that the Chief and members are appointed by the
Lieutenant Governor in Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
. The current Chief of the Commission and Tribunals is Kathryn Oviatt, who was appointed in November 2022. Prior to October 2009, the position was simply referred to as the Chief Commissioner. Previous chiefs include: * Dr. Evaristus A. Oshionebo – September 2022 – November 2022 * Collin May – July 2022 – September 2022 * Kathryn Oviatt – January 2022 – July 2022 * Michael Gottheil – August 2018 – January 2022 * William D. McFetridge (''acting'') – August 2017 – August 2018 * Robert A. Philp – July 1, 2014 – June 30, 2017 * David Blair Mason – 2009–2014 * Brenda F. Scragg (''acting'') – 2008–2009 * Charlach Mackintosh – 1994–2008 * Jack O'Neil – 1993–1994 * Fil B. Fraser – 1989–1992 * Stan Scudder – 1986–1989 * Marlene Antonio – 1981–1986 * Bob Lundrigan – 1979–1981 *
Max Wyman Max Wyman (April 14, 1916 – February 9, 1991) was a Canadian mathematician and academic administrator. He served as president of the University of Alberta from 1969 to 1974. He was educated at the University of Alberta (BSc 1937) and Califor ...
– 1973–1979 , members of the Commission are: * Nduka Ahanonu * Sandra Badejo * Faraz Bawa * Doris Bonora, K.C. * Samuel Crowfoot * Cynthia Dickins * Jessica Gill * Teresa Haykowsky * Duncan Marsden * Ali Memon   * D. Jean Munn, K.C. * Evaristus Oshionebo * Kathryn Oviatt * Erika Ringseis * Karen Scott * Wilma Shim * Salimah Walji-Shivji, K.C. * Nathalie Whyte


Tribunal

The
quasi-judicial A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an Arbitration, arbitration panel or tribunal, tribunal board, that can be a public administrative agency but also a contract- or private law en ...
Tribunal office is the independent adjudicative arm of the Alberta Human Rights Commission. Members of the Tribunal are neither employees of the Government of Alberta or the Commission; they are
private citizen A private citizen is someone who does not have an official or professional role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the l ...
s appointed by the
Lieutenant Governor in Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...
.


Controversial decisions


''Mihaly v The Association of Professional Engineers and Geoscientists of Alberta''

Since 1999, Ladislav Mihaly, who trained as an
engineer Engineers, as practitioners of engineering, are professionals who invent, design, analyze, build and test machines, complex systems, structures, gadgets and materials to fulfill functional objectives and requirements while considering the l ...
in
Czechoslovakia , rue, Чеськословеньско, , yi, טשעכאסלאוואקיי, , common_name = Czechoslovakia , life_span = 1918–19391945–1992 , p1 = Austria-Hungary , image_p1 ...
in the 1970s, has sought
accreditation Accreditation is the independent, third-party evaluation of a conformity assessment body (such as certification body, inspection body or laboratory) against recognised standards, conveying formal demonstration of its impartiality and competence to ...
as an engineer in Alberta, but the Association of Professional Engineers and Geoscientists of Alberta (APEGA) said that he did not meet its requirements. He refused to submit to any of the technical examinations but did take a required ethics examination—and failed it, twice. Almost a quarter of Alberta's engineers are immigrants who submitted to the same examinations that Mihaly refused or failed. In 2008, he took his case to the Alberta Human Rights Commission, which ruled in February 2014 that APEGA must pay Mihaly $10,000, provide him with a personal mentor and form a committee to re-evaluate his credentials. APEGA successfully appealed the decision.


''Lund v Boissoin''

On July 18, 2002, Dr. Darren Lund, a professor at the
University of Calgary The University of Calgary (U of C or UCalgary) is a public research university located in Calgary, Alberta, Canada. The University of Calgary started in 1944 as the Calgary branch of the University of Alberta, founded in 1908, prior to being ins ...
, filed a complaint with the Alberta Human Rights Commission against Reverend Stephen Boissoin and the Concerned Christian Coalition. Boisson had letter published in the ''
Red Deer Advocate The ''Red Deer Advocate'' is a daily newspaper in Red Deer, Alberta, Canada. Published by Black Press, the newspaper was first established in 1901 as the ''Red Deer Echo'', changing its name to ''Alberta Advocate'' in 1903 and ''Red Deer Advoca ...
'' that stated, "Where
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
flourishes, all manner of wickedness abounds" and "Homosexual rights activists and those that defend them, are just as immoral as the pedophiles, drug dealers and pimps that plague our communities." Lund's complaint alleged that Boisson's letter constituted discrimination on the basis of sexual orientation, as prohibited by Alberta's ''Human Rights, Citizenship and Multiculturalism Act''. A one-member Alberta Human Rights Panel accepted Lund's arguments that the letter was "likely to expose homosexuals to hatred and/or contempt." The
Canadian Civil Liberties Association The Canadian Civil Liberties Association (CCLA; french: Association Canadienne des Libertés Civiles) is a nonprofit organization in Canada devoted to the defence of civil liberties and constitutional rights.Dominique ClementCase Study: Canadian ...
intervened in the case, condemning the views expressed in the letter but arguing they should not be subject to legal sanction. On May 30, 2008, the Alberta Human Rights Panel ordered Boissoin and the Concerned Christian Coalition to refrain from publishing future disparaging remarks about homosexuals and provide Lund with a written apology and in $5,000 damages. On December 3, 2009, the
Court of Queen's Bench of Alberta The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary wa ...
overturned the decision of the Alberta Human Rights Panel. The Court found that the contents of the letter did not violate the ''Alberta Human Rights Act'', and that the remedies that had been imposed were either unlawful or unconstitutional. The Court also identified "troubling aspects of the process leading to the decision of the Panel," including the inclusion of the Concerned Christian Coalition as a respondent. In October 2012, the
Court of Appeal of Alberta The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the A ...
upheld the decision and agreed with the lower court that Boissoin's letter was "a
polemic Polemic () is contentious rhetoric intended to support a specific position by forthright claims and to undermine the opposing position. The practice of such argumentation is called ''polemics'', which are seen in arguments on controversial topics ...
on a matter of public interest and does not qualify as reaching the extreme limits... to expose persons to hatred or contempt," within the meaning of the ''Alberta Human Rights Act''.


See also

*
List of Canadian tribunals This is a list of tribunals in Canada. Tribunals do not necessarily have to be referred to as such in their title, and are also commonly known as "commissions" or "boards."Kuttner, Thomas S. 0062020 October 26.Administrative Tribunals in Canada  ...
Federal *
Canadian Human Rights Commission The Canadian Human Rights Commission (CHRC) was established in 1977 by the government of Canada. It is empowered under the ''Canadian Human Rights Act'' to investigate and to try to settle complaints of discrimination in employment and in the pro ...
* Canadian Human Rights Tribunal BC *
British Columbia Human Rights Tribunal The British Columbia Human Rights Tribunal is a quasi-judicial human rights body in British Columbia, Canada. It was established under British Columbia's ''Human Rights Code''. It is responsible for "accepting, screening, mediating and adjudicati ...
*
British Columbia Human Rights Code The ''Human Rights Code'' is a provincial law in the province of British Columbia, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The code's goal is to prev ...
Ontario *
Ontario Human Rights Commission The Ontario Human Rights Commission (OHRC) was established in the Canadian province of Ontario on March 29, 1961, to administer the Ontario Human Rights Code. The OHRC is an arm's length agency of government accountable to the legislature through ...
*
Human Rights Tribunal of Ontario , logo = , logo_width = , logo_caption = , formed = , dissolved = , jurisdiction = Province of Ontario , headquarters = 25 Grosvenor Street Toronto, Ontario , minister1_name = Attorney General ...
Quebec *
Quebec Human Rights Commission The ''Commission des droits de la personne et des droits de la jeunesse'' (CDPDJ; English: "Human Rights and Youth Rights Commission") is a government agency created by the Quebec Charter of Human Rights and Freedoms in 1975. The current name a ...
* Human Rights Tribunal of Quebec Other *
Manitoba Human Rights Commission The Manitoba Human Rights Commission (MHRC) is a quasi-judicial arms-length agency of the Government of Manitoba that is responsible for enforcing ''The Human Rights Code'' (Manitoba). The acting chairperson of the Board of Commissioners is John ...
*
Nova Scotia Human Rights Commission The Nova Scotia Human Rights Commission (the “Commission”) was established in Nova Scotia, Canada in 1967 to administer the Nova Scotia ''Human Rights Act''. The Nova Scotia Human Rights Commission is the first commission in Canada to engage ...
*
Saskatchewan Human Rights Commission The Saskatchewan Human Rights Commission is a body within the Government of Saskatchewan whose mission is "To promote and protect the individual dignity, fundamental freedoms and equal rights of Saskatchewan citizens''.''"Alberta Human Rights CommissionTribunal decisions released after January 1, 2000
— via
CanLII The Canadian Legal Information Institute (CanLII; french: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies. CanLII ...
{{Authority control Alberta law
Human Rights Commission A human rights commission, also known as a human relations commission, is a body set up to investigate, promote or protect human rights. The term may refer to international, national or subnational bodies set up for this purpose, such as nationa ...
Human rights organizations based in Canada