24

PART 4
HUMAN RIGHTS DOCUMENTS

4.1.

HUMAN RIGHTS CODE OF BRITISH COLUMBIA

Human Rights Code of British Columbia
[Consolidated for convenience only, December 13,1974.}

Act, unless the context otherwise requires,
“age” means any age of forty-five years or more and less than sixtyfive years;
“employment” includes the relationship of master and servant,
master and apprentice, and principal and agent, if a substantial
part of the agent’s services relate to the affairs of one principal;
and "employ” has a corresponding meaning;
“employers* organization” means an organization of employers
formed for purposes that include the regulation of relations
between employers and employees;
“employment agency” includes a person who undertakes, with or
without compensation, to procure employees for employers or
to procure employment for persons;
“occupational association” means any organization, other than a
trade-union or employers’ organization, in which membership
is a prerequisite to carrying on any trade, occupation, or
profession;
“person” includes an employment agency, an employers* association,
an occupational association, and a trade-union;
“trade-union” means an organization of employees formed for pur­
poses that include the regulation of relations between employees
and employers. 1973 (2nd Scss.), c. 119, s. 1.
Discriminatory Practices
publication.

discrimination in public facilities

13/12/74

2. (1 ) No person shall publish or display before the public, or cause
to be published or displayed before the public, any notice, sign, symbol,
emblem, or other representation indicating discrimination or an intention
to discriminate against any person or class of persons in any manner pro­
hibited by this Act.
(2
) Notwithstanding subsection (1), any person may, by speech or
in writing, freely express his opinions on any subject. 1973 (2nd Sess.),
c. 119, s. 2.

3. (1) No person shall
deny to any person or class of persons any accommodation,
service, or facility customarily available to the public; or
(b) discriminate against any person or class of persons with respect
to any accommodation, service, or facility customarily avail­
able to the public,
unless reasonable cause exists for such denial or discrimination.
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25

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(2) For the purposes of subsection (1),
(a) the race, religion, colour, ancestry, or place of origin of any
person or class of persons shall not constitute reasonable
cause; and
(b) the sex of any person shall not constitute reasonable cause
unless it relates to the maintenance of public decency or to the
determination of premiums or benefits under contracts of
insurance. 1973 (2nd Sess.), c. 119, s. 3; 1974, c. 114, s. 6.
4. No *person shall
nation in
the purchase of property to any person or class of persons the opportunity to pur­
chase any commercial unit or dwelling unit that is advertised
or in any way represented as being available for sale; or
(b) deny to any person or class of persons the opportunity to pur­
chase or otherwise acquire land or an interest in land; or
( c) discriminate against any person or class of persons with respect
to any term or condition of the purchase or other acquisition
of any commercial unit, dwelling unit, land, or interest in land,
because of the race, religion, colour, sex, ancestry, place of origin, or
marital status of that person or class of persons. 1973 (2nd Sess.), c. 119,
s. 4.
discrimination in tenancy premises

presses

wages.

deny to any person or class of persons the right to occupy as a
tenant any space that is advertised or otherwise in any way
represented as being available for occupancy by a tenant; or
(b) discriminate against any person or class of persons with respect
to any term or condition of the tenancy of such space,
because of the race, sex, marital status, religion, colour, ancestry, or place
of origin of that person or class of persons, or of any other person or class
of persons.
(2) Subsection ( 1 ) does not apply where a person advertises or other­
wise represents that space is available for occupancy by another person
who is to share with him the use of any sleeping, bathroom, or cooking
facilities in the space. 1973 (2nd Sess.), c. 119, s. 5.

6. (1) No employer shall discriminate between his male and female
employees by employing an employee of one sex for any work at a rate
of pay that is less than the rate of pay at which an employee of the other
sex is employed by that employer for similar or substantially similar work.
(2) For the purposes of subsection (1), the concept of skill, effort,
and responsibility shall, subject to such factors in respect of pay rates as
seniority systems, merit systems, and systems that measure earnings by
quantity or quality of production, be used to determine what is similar
or substantially similar work.
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26

Human Rights Code of

1973
(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(3) A difference in the rate of pay between employees of different
sexes based on any factor other than sex does not constitute a failure to
comply with this section if the factor on which the difference is based
would reasonably justify such a difference.
(4) No employer shall reduce the rate of pay of an employee in order
to comply with this section.
(5) Where an employee is paid less than the rate of pay to which he is
entitled under this section, he is entitled to recover from his employer, by
action, the difference between the amount paid and the amount to which
he was entitled, together with the costs, but
(a) no action shall be commenced later than twelve months from
the termination of his services; and
(b) the action applies only to wages of an employee during the
twelve-month period immediately preceding the date of the
termination of his services, or the date of the commencement
of his action, whichever date occurs first. 1973 (2nd Sess.),
c. 119, s. 6.

discrimination in Employment
discrimination in
ments

discrimination in respect of employment
employment

13/12/74

7. N° person shall use or circulate any form of application for emem
ployment,
publish or cause to be published any advertisement in connection with employment or prospective employment, or make any written or
oral inquiry of an applicant that
{a) expresses either directly or indirectly any limitation, specifica­
tion, or preference as to the race, religion, colour, sex, marital
status, age, ancestry, or place of origin of any person; or
(6) requires an applicant to furnish any information concerning
race, religion, colour, ancestry, place of origin, or political
belief. 1973 (2nd Sess.), c. 119, s. 7; 1974, c. 87, s. 18;
1974, c. 114, s. 6.
(1) Every person has the right of equality of opportunity based
upon bona fide qualifications in respect of his occupation or employ­
ment, or in respect of an intended occupation, employment, advancement,
or promotion; and, without limiting the generality of the foregoing,
(a) no employer shall refuse to employ, or to continue to employ,
or to advance or promote that person, or discriminate against
that person in respect of employment or a condition of employ­
ment; and
(b) no employment agency shall refuse to refer him for employ­
ment,
unless reasonable cause exists for such refusal or discrimination.
(2) For the purposes of subsection ( 1 ),
(a) the race, religion, colour, age, marital status, ancestry, place of
origin, or political belief of any person or class of persons shall
not constitute reasonable cause;
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f

27

Chap. 119

Human Rights Code of
British Columbia
(Replacing chapter 10, S.B.C. 1969.)

22 Eliz. 2
(

(al) a provision respecting Canadian citizenship in any Act consti­
tutes reasonable cause;
(b) the sex of any person shall not constitute reasonable cause
unless it relates to the maintenance of public decency;
(c) a conviction for a criminal or summary conviction charge shall
not constitute reasonable cause unless such charge relates to
the occupation or employment, or to the intended occupation,
employment, advancement, or promotion, of a person.
(3) No provision of this section relating to age shall prohibit the
operation of any term of a bona fide retirement, superannuation, or pen­
sion plan, or the terms or conditions of any bona fide group or employee
insurance plan, or of any bona fide scheme based upon seniority. 1973
(2nd Sess.), c. 119, s. 8; 1974, c. 114,s. 6.

nation'by
9 (1) Every person has the right of equality of opportunity based
trade unions and employment and oc upational as ociations upon bona fide qualifications in respect of his occupation or employment,
occupational and
respect of his membership or intended membership in a tradeassociations. union, employers* association, or occupational association; and, without
limiting the generality of the foregoing, no trade-union, employers’ asso­
ciation, or occupational association shall, without reasonable cause in
respect of such qualifications of that person,
(a) refuse membership to, expel, suspend, or otherwise discriminate
against that person; or
(h) negotiate, on behalf of that person, an agreement that would
discriminate against him contrary to this Act.
(2) For the purposes of subsection (1),
(a) the sex, race, religion, colour, age, marital status, ancestry,
place of origin, or political belief of any person or class of
persons shall not constitute reasonable cause; and
(h) the conviction of criminal or summary convictions charges shall
not constitute reasonable cause unless such charges relate to the
occupation, employment, or membership, or to the intended
occupation, employment, or membership of a person.
(3) No provision of this section relating to age shall prohibit the
operation of any term of a bona fide retirement, superannuation, or pen­
sion plan, or the terms or conditions of any bona fide group or employee
insurance plan, or of any bona fide scheme based upon seniority. 1973
(2nd Sess.), c. 119, s. 9.
Person shall evict, discharge, suspend, expel, intimidate, coerce, impose any pecuniary or other penalty upon, or otherwise dis­
criminate against, any person because that person complains, gives evi­
dence, or otherwise assists in respect of the initiation or prosecution of a
complaint or other proceeding under this Act. 1973 (2nd Sess.), c. 119,
s. 10.
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protection of complaints 10 no
complainant.

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28

1973

Human Rights Code of

(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

Administration

human rights commis ion
commission,

11. (1)There is hereby established a commission to be known as
British Columbia Human Rights Commission, consisting of such
members as the Lieutenant-Governor in Council may from time to time
appoint to hold office during pleasure.
(2) The Lieutcnant-Govemor in Council shall designate one mem­
ber of the commission as chairman.
(3) The chairman and each member shall be paid such remuneration
for his services as a member of the comission as the Lieutenant-Governor
in Council may determine, and such actual and reasonable expenses as
may be incurred by him in discharging his duties as a member of the
commission.
(4) It is the function of the commission
(a) to promote the principles of this Act;
(ft) to promote an understanding of and compliance with this Act;
(c) to develop and conduct educational programmes designed to
eliminate discriminatory practices; and
(b) to encourage and co-ordinate programmes and activities pro­
moting human rights and fundamental freedoms.
(5) The commission may approve programmes of government, private
organizations, or persons designed to promote the welfare of any class of
individuals, and any approved programme shall be deemed not to be in
contravention of any of the provisions of this Act.
(6) Where
(a) a person contravenes this Act or is discriminated against con­
trary to this Act; and
(b) every person who is directly affected by such discrimination or
contravention agrees to a settlement in respect of such dis­
crimination or contravention,
the commission may, upon application, approve the settlement, and,
thereupon, such settlement shall be deemed not to be in contravention
of any of the provisions of this Act.
(7) The Lieutenant-Governor in Council may, by Order, make regu­
lations adding to or extending the functions of the commission and re­
specting any matter necessary or advisable to carry out effectively the
intent and purpose of this Act. 1973 (2nd Sess.), c. 119, s. 11.
the

Director and employees ( 1 ) The Minister of Labour shall appoint, in accordance with the
Public Service Act, a director and such other employees as may be re­
quired for the purposes of this Act.
(2) The director shall
(a) act as chief executive officer of the commission; and
(b) act as registrar for the purpose of ensuring that complaints are
dealt with in accordance with this Act.
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29

Chap. 119

Human Rights Code of
British Columbia
(Replacing chapter 10, S.B.C. 1969.)

22 Eliz. 2

(3) The director has, for the purposes of an inquiry under this Act,
the power of a commissioner appointed under the Public Inquiries Act.
1973 (2nd Sess.), c. 119, s. 12.

board of inquiry

13. (1) The Minister of Labour shall appoint persons to a panel
who shall be eligible to serve on boards of inquiry.
(2) The Lieutenant-Governor in Council may determine the rate of
’ remuneration of members of the panel. 1973 (2nd Sess.), c. 119, s. 13.
The director shall annually prepare, with the commission,
and submit to the Minister of Labour a report of the activities of the
commission, the director, and boards of inquiry during the preceding
calendar year.
(2) The Minister of Labour shall lay forthwith the report before the
Legislative Assembly if it is in session and, if not, within fifteen days of
the commencement of the next ensuing session. 1973 (2nd Sess.), c. 119,
s. 14.
Enforcement of Act

15. ( 1 ) Where the director
(a) receives a complaint alleging that a person, whether or not he
is the complainant, has been discriminated against contrary to
this Act; or
(b) receives a complaint alleging that a person has contravened
this Act; or
(c) alleges, whether or not a complaint is received, that a person
has contravened this Act or that a person has been discrim­
inated against contrary to this Act; or
(d) receives from the commission an allegation that a person has
contravened this Act or that a person has been discriminated
against contrary to this Act,
the director shall forthwith inquire into, investigate, and endeavour to
effect a settlement of the alleged discrimination or contravention.
(2) The director, or a person authorized in writing by him, may, for
the purposes of an inquiry, investigation, or endeavour under subsec­
tion (1),
(a) inspect and examine all books, payrolls, personnel records,
registers, notices, documents, and other records of any person
that in any way relate to the
(i) wages, hours of labour, applications for employment,
or conditions of employment affecting any person;
(ii) membership of any person in or an application by
any person for membership in a trade union;
(iii) accommodation, services, or facilities customarily
available to the public;
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Allegations

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30

1973
(Second Session)

Human Rights Code of

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(iv) occupancy of any space under the terms of a tenancy
agreement; and
(v) purchase or acquisition of a commercial or dwelling
unit or of land or an interest in land;
(b) take extracts from or make copies of any entry in those books,
payrolls, personnel records, registers, notices, documents, and
records;
(c) require any person to make or furnish full and correct state­
ments, either orally or in writing, in whatever form is required,
respecting matters referred to in clause (a) and, in the dis­
cretion of the director or person authorized, require the state­
ments to be made by the person on oath or to be verified by a
statutory declaration;
(d) require any person to make full disclosure, production, or
delivery to the director or person authorized, at such time and
place as may be specified, of
(i) all records, documents, statements, writings, books,
papers, extracts therefrom or copies thereof that the person
has in his possession or control; or
(ii) other information, either verbal or in writing, and
either verified on oath or otherwise as may be directed,
that may in any way relate to matters referred to in clause (a);
(e) make such examination and inquiry as may be necessary to
ascertain whether the provisions of this Act are complied with;
(/) exercise such other powers as may be necessary for carrying
this Act and the regulations into effect; and
(g) administer all oaths and take all affidavits and statutory
declarations required or authorized to be made under this
section, and to summon any person to give evidence in con­
nection with any investigations, inquiry, or examination. 1973
(2nd Sess.), c. 119, s. 15; 1974, c. 87, s. 18.
Reference to board of inquiry 18 (1) Where the director is unable to settle an allegation, or where
inquiry.
he is of ^g option that an allegation will not be settled by him, the
director shall make a report to the Minister of Labour, who may refer
the allegation to a board of inquiry and
(a) appoint a board of inquiry consisting of one or more panel
members appointed under section 13; and
(b) fix a place at which and a date on which the board of inquiry
shall hear and decide upon the allegation.
(2) A board of inquiry and every member thereof has, for the pur­
poses of a reference under subsection (1), the powers of a commissioner
appointed under the Public Inquiries Act.
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31

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(3) For the purposes of a reference under subsection (1), the per­
sons who are entitled to be parties to a proceeding before the board of
inquiry are
(a) the director, commission, or person who made the allegation;
(b) the person alleged to have been discriminated against contrary
to this Act;
(c ) the person who is alleged to have contravened this Act; and
(d) any other person who, in the opinion of the board of inquiry,
would be directly affected by an order made by it.
(4) A board of inquiry shall give the parties opportunity to be repre­
sented by counsel, to present relevant evidence, to cross-examine any
witnesses, and to make submissions.
(5) The board of inquiry may receive and accept, on oath, affidavit,
or otherwise, such evidence or information as it, in its discretion, con­
siders necessary and appropriate, whether or not such evidence or in­
formation would be admissible in a court of law.
(6) The Lieutenant-Governor in Council may, by Order, establish
rules governing the procedure of a board of inquiry. 1973 (2nd Sess.),
c. 119, s. 16.
order of the board inquiry
inquiry.

17(1
) Where a board of inquiry is of the opinion that an allegation
is not justified, the board may dismiss the allegation.

(2) Where a board of inquiry is of the opinion that an allegation is
justified, the board of inquiry shall order any person who contravened
this Act to cease such contravention, and to refrain from committing the
same or a similar contravention, and may
(a) order a person who contravened the Act to make available to
the person discriminated against such rights, opportunities, or
privileges as, in the opinion of the board, he was denied con­
trary to this Act;
(b) order the person who contravened the Act to compensate the
person discriminated against for all, or such part as the board
may determine, of any wages or salary lost, or expenses in­
curred, by reason of the contravention of this Act; and
(c) where the board is of the opinion that
(i) the person who contravened this Act did so know­
ingly or with a wanton disregard; and
(ii) the person discriminated against suffered aggravated
damages in respect of his feelings or self-respect,
the board may order the person who contravened this Act to
pay to the person discriminated against such compensation, not
exceeding five thousand dollars, as the board may determine.
(3) A board of inquiry may make such order as to costs as it con­
siders appropriate.
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32

1973

Human Rights Code of

(Second session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(4) Where an order is made under subsection (3) or clause (b) or
(c) of subsection (2), the commission or the person who was discrim­
inated against and in whose favour the order is made may file a certified
copy of the order with the Supreme Court or with a County Court, and,
thereupon, the order has the same force and effect, and all proceedings
may be taken on it, as if it were a judgment of the appropriate court for
the recovery of a debt of the amount stated in the order against the
person named in it. 1973 (2nd Sess.), c. 119, s. 17.
Appeal*.

18. An appeal lies from a decision of a board of inquiry to the
Supreme Court upon
(a) any point or question of law or jurisdiction; or
(b) any finding of fact necessary to establish its jurisdiction that is
manifestly incorrect,
and the rules under the Summary Convictions Act governing appeals by
way of stated case to that court apply to appeals under this section, and a
reference to the word “Justice” shall be deemed to be a reference to the
board of inquiry, 1973 (2nd Sess.), c. 119, s. 18.

style of cause for trade unions etc.
(1) Any proceeding under this Act in respect of a trade-union,
19
unions, etc. employers’ organization, or occupational association may be taken in its
name.
(2) Any act or thing done or omitted by an officer, official, or agent
of a trade-union or employers’ organization or occupational association
within the scope of his authority shall be deemed to be an act or thing
done or omitted by the trade-union, employers’ organization, or occupa­
tional association, as the case may be. 1973 (2nd Sess.), c. 119, s. 19.
information

-

20. No person who, on behalf of the commission or the director,
collects information for the purposes of this Act shall,
(a) except in an appeal under section 18, be required by any court
to give evidence respecting such information; or
(b) be required by any court to give evidence respecting any com­
munication made to him by a person who is alleged to have
contravened this Act. 1973 (2nd Sess.), c. 119, s. 20.

21. No proceeding under this Act shall be deemed invalid by reason
of any defect in form or any technical irregularity. 1973 (2nd Sess.),
c. 119, s. 21.
private organizations exemption» exempt.

13/12/74

22. Where a charitable, philanthropic, educational, fraternal, reor social organization or corporation that is not operated for
profit has as a primary purpose the promotion of the interests and welfare
of an indentifiable group or class of persons characterized by a common
race, religion, age, sex, marital status, political belief, colour, ancestry,
1854-12A
ligious

33

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

or place of origin, that organization or group shall not be considered as
contravening this Act because it is granting a preference to members of
the identifiable group or class of persons. 1973 (2nd Sess.), c. 119, s. 22.
limitations

23. (1) No allegation under this Act shall be made more than six
months after the date of the alleged contravention or, where a continuing
contravention is alleged, after the date of the last alleged contravention
of this Act.
(2 ) No claim in respect of compensation or damages because of a
contravention of this Act shall be made with respect to any contravention
that occurred more than twelve months before the allegation is made.
1973 (2nd Scss.), c. 119, s. 23.

offence.

24. (1) Subject to subsection (2), every person who contravenes a
provision of this Act, or who fails to obey an order of a board of inquiry,
is guilty of an offence and is liable, on summary conviction,
(a) if an individual, to a fine of not more than one thousand dollars;
and
(b) if a corporation, trade-union, employers’ organization, or em­
ployment agency, to a fine of not more than five thousand
dollars.
(2) Where a board of inquiry has made an order under clause (b)
or (c) of subsection (2) of section 17 against a person who has con­
travened this Act, that person shall not be liable under subsection (1)
in respect of the same contravention. 1973 (2nd Sess.), c. 119, s. 24.

binds crown

25. This Act applies to and binds the Crown in right of the Province.
1973 (2nd Sess.), c. 119, s. 25.

Expense».

26. ( 1 ) All moneys required to bc expended for the purposes of this
Act shall be paid out of the Consolidated Revenue Fund with moneys
authorized by an Act of the Legislature to be so paid and applied, and,
for the fiscal year 1973/74, shall be paid out of the Consolidated Revenue
Fund.
(2) For the purposes of subsection (1), the Minister of Labour is
appointed the fiscal agent of the commission. 1973 (2nd Sess.), c. 119,
s. 26.

Repeal.

27. The Human Rights Act, being chapter 10 of the Statutes of
British Columbia, 1969, is repealed. 1973 (2nd Sess.), c. 119, s. 27.
28. (1) This Act, excepting this section and the title, comes into
force on a date to be fixed by the Lieutenant-Governor by his Proclama­
tion, and he may fix different dates for the coming into force of the several
provisions.
1854-12n

commencement

13/12/74

34

1973

Human Rights Code of

(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(2) This section and the title come into force on Royal Assent. 1973
(2nd Sess.), c. 119, s. 28.

[Note.—Sections 11, 12, 13 of Act proclaimed in force December 11,
1973, B.C. Reg. 497/73, Part II Gazette Vol. 16, p. 761; section 26
proclaimed in force January 17, 1974, B.C. Reg. 51/74, Part II Gazette
Vol. 17, p. 193; sections 1 to 10, 14 to 25, and 27 of Act proclaimed in
force October 10, 1974, B.C. Reg. 708/74, Part II Gazette Vol. 17,
p. 1157.]

Printed by K. M. MacDonald, Printer to the Queen’s Most Excellent Majesty
In right of the Province of British Columbia.
1976

35

4.2

CANADIAN BILL OF RIGHTS

CANADIAN BILL OF RIGHTS
Appendix III to R.S.C. 1970
An Act for the Recognition and Protection of Human Rights and Fundamental
Freedoms, 1960 (Can.), c. 44.

The Parliament of Canada, affirming that the Canadian Nation is
founded upon principles that acknowledge the supremacy of God, the
dignity and worth of the human person and the position of the family in a
society of free men and free institutions;
Affirming also that men and institutions remain free only when free­
dom is founded upon respect for moral and spiritual values and the rule
of law;
/
And being desirous of enshrining these principles and the human rights
and fundamental freedoms derived from them, in a Bill of Rights which
shall reflect the respect of Parliament for its constitutional authority and
which shall ensure the protection of these rights and freedoms in Canada:
THEREFORE, Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:

PART I
BILL OF RIGHTS

1. It is hereby recognized and declared that in Canada there have
existed and shall continue to exist without discrimination by reason of
race, national origin, colour, religion or sex, the following human rights
_and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person
and enjoyment of property, and the right not to be deprived
thereof except by due process of law;
(b) the right of the individual to equality before the law and the
protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(/) freedom of the press.
2. Every law of Canada shall, unless it is expressly declared by an
Act of the Parliament of Canada that it shall operate notwithstanding
the Canadian Bill of Rights, be so construed and applied as not to abro­
gate, abridge or infringe or to authorize the abrogation, abridgment or
infringement of any of the rights or freedoms herein recognized and
declared, and in particular, no law of Canada shall be construed or applied
so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile
of any person;
. (b) Impose or authorize the imposition of cruel and unusual treatment
or punishment;
(c) deprive a person who has been arrested or detained
(1) of the right to be informed promptly of the reason for his
arrest or detention,
(11) of the right to retain and instruct counsel without delay, or
(ill) of the remedy by way of habeas corpus for the determination
of the validity of his detention and for his release if the de­
tention is not lawful;

36

(d) authorize a court, tribunal, commission, board or other authority
to compel a person to give evidence if he is denied counsel, protec­
tion against self crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance with
the principles of fundamental justice for the determination of his
rights and obligations;
(/) deprive a person charged with a criminal offence of the right to
be presumed innocent until proved guilty according to law in a
fair and public hearing by an independent and impartial tribunal,
or of the right to reasonable bail without just cause; or
(g) deprive a person of the right to the assistance of an interpreter
in any proceedings in which he is involved or in which he is a
party or a witness, before a court, commission, board or other
tribunal, if he does not understand or speak the language in which
such proceedings are conducted.
3. The Minister of Justice shall, in accordance with such regulations
as may be prescribed by the Governor in Council, examine every proposed
regulation submitted in draft form to the Clerk of the Privy Council
pursuant to the Regulations Act and every Bill introduced in or presented
to the House of Commons, in order to ascertain whether any of the
provisions thereof are inconsistent with the purposes and provisions of
this Part and he shall report any such inconsistency to the House of
Commons at the first convenient opportunity.
4. The provisions of this Part shall be known as the Canadian Bill of
Rights.
PART II

5. (1) Nothing in Part I shall be construed to abrogate or abridge
any human right or fundamental freedom not enumerated therein that
may have existed in Canada at the commencement of this Act.
(2) The expression law of Canada” in Part I means an Act of the
Parliament of Canada enacted before or after the coming into force of
this Act, any order, rule or regulation thereunder, and any law in force in
Canada or in any part of Canada at the commencement of this Act that is
subject to be repealed, abolished or altered by the Parliament of Canada.
(3) The provisions of Part I shall be construed as extending only to
matters coming within the legislative authority of the Parliament of
Canada.

(4) If both Houses of Parliament resolve that the proclamation be
revoked, it shall cease to have effect, and sections 3, 4 and 5 shall cease to
be In force until those sections are again brought into force by a further
proclamation but without prejudice to the previous operation of those
sections or anything duly done or suffered thereunder or any offence com­
mitted or any penalty or forfeiture or punishment incurred.
(5) Any act or thing done or authorized or any order or regulation
made under the authority of this Act, shall be deemed not to be an
abrogation, abridgement or infringement of any right or freedom recog­
nized by the Canadian Bill of Rights."

37

4.3

UNIVERSAL DECLARATION OF HUMAN RIGHTS

(UNITED NATIONS)

UNIVERSAL DECLARATION
OF HUMAN RIGHTS

PREAMBLE

Whereas recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world,
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings
shall enjoy freedom of-speech and belief and freedom from fear
and want has been proclaimed as the highest aspiration of the
common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule
of law,
Whereas it is essential to promote the development of
friendly relations between nations,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human rights, in
the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to
achieve, in co-operation with the United Nations, the promo­
tion of universal respect for and observance of human rights and
fundamental freedoms,
Whereas a common understanding of these rights and
freedoms is of the greatest importance for the full realisation of
this pledge,

38

Now, Therefore,

THE GENERAL ASSEMBLY
proclaims

THIS UNIVERSAL DECLARATION OF HUMAN
RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind,
shall strive by teaching and education to promote respect for
these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective
recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories
under their jurisdiction.
Article 1
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.

Article 2
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or
territory to which a person belongs, whether; it be independent,
trust, non-self-governing or under any other limitation of
sovereignty.

Article 3
Everyone has the right to life, liberty and security of
person.
Article 4
No one shall bc held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5
No one sha” be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article 6
Everyone has the right to recognition everywhere as a person
before the law.

39

Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All are entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.

Article 8
Everyone has the right to an effective remedy by the com­
petent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.
Article 9
No one shall be subjected to arbitrary arrest, detention or
exile.
Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the de­
termination of his rights and obligations and of any criminal
charge against him.
Article 11
( 1 ) Everyone charged with a penal offence has the right to be
presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
(2) No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal
offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed than
the one that was applicable at the time the penal offence was
committed.

Article 12
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honour and reputation. Everyone has the right to the pro­
tection of the law against such interference or attacks.
Article 13

(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country, including
his own, and to return to his country.

40

Article 14
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.

Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.
Article 16

(1) Men and women of full age, without any limitation due
to race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit
of society and is entitled to protection by society and the
State.

Article 17
(1) Everyone has the right to own property alone as well as
in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interfer­
ence and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20

(1) Everyone has the right to freedom of peaceful assembly
and association.
।
(2) No one may be compelled to belong to an association.

41

Article 21

(1) Everyone has the right to take part in the government of
his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in
his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting
procedures.
Article 22

Everyone, as a member of society, has the right to social
security and is entitled to realisation, through national effort
and international co-operation and in accordance with the
organisation and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.

Article 23
(1) Everyone has the right to work, to free choice of employ­
ment, to just and favourable conditions of work and to protec­
tion against unemployment.
(2) Everyone, without any discrimination, has the right to
equal pay for equal work.
(3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
(4) Everyone has the right to form and to join trade unions
for the protection of his interests.
Article 24
Everyone has the right to rest and leisure, including reason­
able limitation of working hours and periodic holidays with
pay.
Article 25
(1) Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his family, in­
cluding food, clothing, housing and medical care and necessary
social services, and the right to security in the event of un­
employment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood arc entitled to special care
and assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.

42

Article 26

(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall bc compulsory. Technical and
professional education shall bc made generally available and
higher education shall bc equally accessible to all on the basis of
merit.
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among' all nations,
racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education
that shall be given to their children.

Article 27
(1) Everyone has the right freely to participate in the cul­
tural life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can
be fully realised.

Article 29
(1) Everyone has duties to the community in which alone
the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and respect
for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare
in a democratic society.
(3) These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.
Article 30
Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.

24

PART 4
HUMAN RIGHTS DOCUMENTS

4.1.

HUMAN RIGHTS CODE OF BRITISH COLUMBIA

Human Rights Code of British Columbia
[Consolidated for convenience only, December 13,1974.]

1 in this Act, unless the context otherwise requires,
“age” means any age of forty-five years or more and less than sixtyfive years;
“employment” includes the relationship of master and servant,
master and apprentice, and principal and agent, if a substantial
part of the agent’s services relate to the affairs of one principal;
and “employ” has a corresponding meaning;
“employers’ organization” means an organization of employers
formed for purposes that include the regulation of relations
between employers and employees;
“employment agency” includes a person who undertakes, with or
without compensation, to procure employees for employers or
to procure employment for persons;
“occupational association” means any organization, other than a
trade-union or employers’ organization, in which membership
is a prerequisite to carrying on any trade, occupation, or
profession;
“person” includes an employment agency, an employers’ association,
an occupational association, and a trade-union;
“trade-union” means an organization of employees formed for pur­
poses that include the regulation of relations between employees
and employers. 1973 (2nd Scss.), c. 119, s. 1.

interpretation

Discriminatory Practices

natorypublications'
publication.

2. (1 ) No person shall publish or display before the public, or cause
to be published or displayed before the public, any notice, sign, symbol,
emblem, or other representation indicating discrimination or an intention
to discriminate against any person or class of persons in any manner pro­
hibited by this Act.
(2) Notwithstanding subsection (1), any person may, by speech or
in writing, freely express his opinions on any subject. 1973 (2nd Sess.),
c. 119, s. 2.

discrimination in public facilitiespublic facilities

13/12/74

No person shall
(a) delay to any Person or class of persons any accommodation,
service, or facility customarily available to the public; or
(b) discriminate against any person or class of persons with respect
to any accommodation, service, or facility customarily avail­
able to the public,
unless reasonable cause exists for such denial or discrimination.
1854-5

25

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(2) For the purposes of subsection (1),
(a) the race, religion, colour, ancestry, or place of origin of any
person or class of persons shall not constitute reasonable
cause; and
(b) the sex of any person shall not constitute reasonable cause
unless it relates to the maintenance of public decency or to the
determination of premiums or benefits under contracts of
insurance. 1973 (2nd Sess.), c. 119, s. 3; 1974, c. 114, s. 6.
nation in

of property”

premises

4. No *person shall
deny
(a) to any person or class of persons the opportunity to pur­
chase any commercial unit or dwelling unit that is advertised
or in any way represented as being available for sale; or
(b) deny to any person or class of persons the opportunity to pur­
chase or otherwise acquire land or an interest in land; or
(c) discriminate against any person or class of persons with respect
to any term or condition of the purchase or other acquisition
of any commercial unit, dwelling unit, land, or interest in land,
because of the race, religion, colour, sex, ancestry, place of origin, or
marital status of that person or class of persons. 1973 (2nd Sess.), c. 119,
s. 4.
5. (1) No person shall
(a) deny to any person or class of persons the right to occupy as a
tenant any space that is advertised or otherwise in any way
represented as being available for occupancy by a tenant; or
(b) discriminate against any person or class of persons with respect
to any term or condition of the tenancy of such space,
because of the race, sex, marital status, religion, colour, ancestry, or place
of origin of that person or class of persons, or of any other person or class
of persons.
(2) Subsection ( 1 ) does not apply where a person advertises or other­
wise represents that space is available for occupancy by another person
who is to share with him the use of any sleeping, bathroom, or cooking
facilities in the space. 1973 (2nd Sess.), c. 119, s. 5.

6. (1) No employer shall discriminate between his male and female
employees by employing an employee of one sex for any work at a rate
of pay that is less than the rate of pay at which an employee of the other
sex is employed by that employer for similar or substantially similar work.
(2) For the purposes of subsection (1), the concept of skill, effort,
and responsibility shall, subject to such factors in respect of pay rates as
seniority systems, merit systems, and systems that measure earnings by
quantity or quality of production, be used to determine what is similar
or substantially similar work.
1854-6

discrimination in wages
wages.

13/12/74

26

Human Rights Code of

1973
(Second Session)

Chap. 110

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(3) A difference in the rate of pay between employees of different
sexes based on any factor other than sex does not constitute a failure to
comply with this section if the factor on which the difference is based
would reasonably justify such a difference.
(4) No employer shall reduce the rate of pay of an employee in order
to comply with this section.
(5) Where an employee is paid less than the rate of pay to which he is
entitled under this section, he is entitled to recover from his employer, by
action, the difference between the amount paid and the amount to which
he was entitled, together with the costs, but
(a) no action shall be commenced later than twelve months from
the termination of his services; and
(b) the action applies only to wages of an employee during the
twelve-month period immediately preceding the date of the
termination of his services, or the date of the commencement
of his action, whichever date occurs first. 1973 (2nd Sess.),
c. 119, s. 6.

discrimination in employment
7 No Person
use or circulate any form of application for ememployment advertisement ployment publish or cause to be published any advertisement in connecadvertisement with employment or prospective employment, or make any written or
oral inquiry of an applicant that
(a') expresses either directly or indirectly any limitation, specifica­
tion, or preference as to the race, religion, colour, sex, marital
status, age, ancestry, or place of origin of any person; or
(b) requires an applicant to furnish any information concerning
race, religion, colour, ancestry, place of origin, or political
belief. 1973 (2nd Sess.), c. 119, s. 7; 1974, c. 87, s. 18;
1974, c. 114, s. 6.
discrimination in respect of employment
respect of employment

13/12/74

(1) Every person has the right of equality of opportunity based
uPon bona fide qualifications in respect of his occupation or employ­
ment, or in respect of an intended occupation, employment, advancement,
or promotion; and, without limiting the generality of the foregoing,
(a) no employer shall refuse to employ, or to continue to employ,
or to advance or promote that person, or discriminate against
that person in respect of employment or a condition of employ­
ment; and
(b) no employment agency shall refuse to refer him for employ­
ment,
unless reasonable cause exists for such refusal or discrimination.
(2) For the purposes of subsection ( 1 ),
(a) the race, religion, colour, age, marital status, ancestry, place of
origin, or political belief of any person or class of persons shall
not constitute reasonable cause;
1854-7

27

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(al) a provision respecting Canadian citizenship in any Act consti­
tutes reasonable cause;
(b) the sex of any person shall not constitute reasonable cause
unless it relates to the maintenance of public decency;
(c) a conviction for a criminal or summary conviction charge shall
not constitute reasonable cause unless such charge relates to
the occupation or employment, or to the intended occupation,
employment, advancement, or promotion, of a person.
(3) No provision of this section relating to age shall prohibit the
operation of any term of a bona fide retirement, superannuation, or pen­
sion plan, or the terms or conditions of any bona fide group or employee
insurance plan, or of any bona fide scheme based upon seniority. 1973
(2nd Sess.), c. 119, s. 8; 1974, c. 114, s. 6.

discrimination
and employers and occupational as ociations
occupational

associations.

9- (1) Every person has the right of equality of opportunity based
upon bona fide qualifications in respect of his occupation or employment,
and in resPect of his membership or intended membership in a tradeunion, employers’ association, or occupational association; and, without
limiting the generality of the foregoing, no trade-union, employers’ asso­
ciation, or occupational association shall, without reasonable cause in
respect of such qualifications of that person,
(a) refuse membership to, expel, suspend, or otherwise discriminate
against that person; or
(b) negotiate, on behalf of that person, an agreement that would
discriminate against him contrary to this Act.
(2) For the purposes of subsection (1),
(a) the sex, race, religion, colour, age, marital status, ancestry,
place of origin, or political belief of any person or class of
persons shall not constitute reasonable cause; and
(b) the conviction of criminal or summary convictions charges shall
not constitute reasonable cause unless such charges relate to the
occupation, employment, or membership, or to tire intended
occupation, employment, or membership of a person.
(3) No provision of this section relating to age shall prohibit the
operation of any term of a bona fide retirement, superannuation, or pen­
sion plan, or the terms or conditions of any bona fide group or employee
insurance plan, or of any bona fide scheme based upon seniority. 1973
(2nd Sess.), c. 119, s. 9.

10- No person shall evict, discharge, suspend, expel, intimidate, coerce impose any pecuniary or other penalty upon, or otherwise dis­
criminate against, any person because that person complains, gives evi­
dence, or otherwise assists in respect of the initiation or prosecution of a
complaint or other proceeding under this Act. 1973 (2nd Sess.), c. 119,
s. 10.
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protection of complinant
plainant

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32

1973

Human Rights Code of

(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(4) Where an order is made under subsection (3) or clause (b) or
(c) of subsection (2), the commission or the person who was discrim­
inated against and in whose favour the order is made may file a certified
copy of the order with the Supreme Court or with a County Court, and,
thereupon, the order has the same force and effect, and all proceedings
may be taken on it, as if it were a judgment of the appropriate court for
the recovery of a debt of the amount stated in the order against the
person named in it. 1973 (2nd Sess.), c. 119, s. 17.
Appeal*.

18. An appeal lies from a decision of a board of inquiry to the
Supreme Court upon
(a) any point or question of law or jurisdiction; or
(b) any finding of fact necessary to establish its jurisdiction that is
manifestly incorrect,
and the rules under the Summary Convictions Act governing appeals by
way of stated case to that court apply to appeals under this section, and a
reference to the word “Justice” shall be deemed to be a reference to the
board of inquiry, 1973 (2nd Sess.), c. 119, s. 18.

style of cause for trade unions etc under this Act in respect of a trade-union,
union*, etc.
employers’ organization, or occupational association may be taken in its
name.
(2) Any act or thing done or omitted by an officer, official, or agent
of a trade-union or employers’ organization or occupational association
within the scope of his authority shall bc deemed to be an act or thing
done or omitted by the trade-union, employers’ organization, or occupa­
tional association, as the case may be. 1973 (2nd Sess.), c. 119, s. 19.
information

'

20. No person who, on behalf of the commission or the director,
collects information for the purposes of this Act shall,
(a) except in an appeal under section 18, be required by any court
to give evidence respecting such information; or
(b) be required by any court to give evidence respecting any com­
munication made to him by a person who is alleged to have
contravened this Act. 1973 (2nd Sess.), c. 119, s. 20.

21. No proceeding under this Act shall be deemed invalid by reason
of any defect in form or any technical irregularity. 1973 (2nd Sess.),
c. 119, s. 21.
private organization exemptexempt.

13/12/74

22. Where a charitable, philanthropic, educational, fraternal,
religious social organization or corporation that is not operated for
profit has as a primary purpose the promotion of the interests and welfare
of an indentifiable group or class of persons characterized by a common
race, religion, age, sex, marital status, political belief, colour, ancestry,
1854-12A

33

Chap. 119

Human Rights Code of
British Columbia
(Replacing chapter 10, S.B.C. 1969.)

22 Eliz. 2

or place of origin, that organization or group shall not be considered as
contravening this Act because it is granting a preference to members of
the identifiable group or class of persons. 1973 (2nd Sess.), c. 119, s. 22.
Limitation.

23. (1) No allegation under this Act shall be made more than six
months after the date of the alleged contravention or, where a continuing
contravention is alleged, after the date of the last alleged contravention
of this Act.
(2 ) No claim in respect of compensation or damages because of a
contravention of this Act shall be made with respect to any contravention
that occurred more than twelve months before the allegation is made.
1973 (2nd Sess.), c. 119, s. 23.

offence.

24. (1) Subject to subsection (2), every person who contravenes a
provision of this Act, or who fails to obey an order of a board of inquiry,
is guilty of an offence and is liable, on summary conviction,
(a) if an individual, to a fine of not more than one thousand dollars;
and
(h) if a corporation, trade-union, employers’ organization, or em­
ployment agency, to a fine of not more than five thousand
dollars.
(2) Where a board of inquiry has made an order under clause (b)
or (c) of subsection (2) of section 17 against a person who has con­
travened this Act, that person shall not be liable under subsection (1)
in respect of the same contravention. 1973 (2nd Sess.), c. 119, s. 24.

crown

25. This Act applies to and binds the Crown in right of the Province.
1973 (2nd Sess.), c. 119, s. 25.

Expense».

26. ( 1 ) All moneys required to be expended for the purposes of this
Act shall be paid out of the Consolidated Revenue Fund with moneys
authorized by an Act of the Legislature to be so paid and applied, and,
for the fiscal year 1973/74, shall be paid out of the Consolidated Revenue
Fund.
(2) For the purposes of subsection (1), the Minister of Labour is
appointed the fiscal agent of the commission. 1973 (2nd Sess.), c. 119,
s. 26.

repeal.

27. The Human Rights Act, being chapter 10 of the Statutes of
British Columbia, 1969, is repealed. 1973 (2nd Sess.), c. 119, s. 27.
28. (1) This Act, excepting this section and the title, comes into
force on a date to be fixed by the Lieutenant-Governor by his Proclama­
tion, and he may fix different dates for the coming into force of the several
provisions.
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commencement-

13/12/74

34

Human Rights Code of

1973
(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(2) This section and the title come into force on Royal Assent. 1973
(2nd Sess.), c. 119, s. 28.

[Note.—Sections 11, 12, 13 of Act proclaimed in force December 11,
1973, B.C. Reg. 497/73, Part II Gazette Vol. 16, p. 761; section 26
proclaimed in force January 17, 1974, B.C. Reg. 51/74, Part II Gazette
Vol. 17, p. 193; sections 1 to 10, 14 to 25, and 27 of Act proclaimed in
force October 10, 1974, B.C. Reg. 708/74, Part II Gazette Vol. 17,
p. 1157.]

Printed by K. M. MacDonald, Printer to the Queen’s Most Excellent Majesty
in right of the Province of British Columbia.
1976

28

1973

Human Rights Code of

(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

Administration
human rights
commission.

employees and

13/12/74

11 (1) There is hereby established a commission to be known as
British Columbia Human Rights Commission, consisting of such
members as the Lieutenant-Governor in Council may from time to time
appoint to hold office during pleasure.
(2) The Lieutenant-Governor in Council shall designate one mem­
ber of the commission as chairman.
(3) The chairman and each member shall bc paid such remuneration
for his services as a member of the comission as the Lieutenant-Governor
in Council may determine, and such actual and reasonable expenses as
may be incurred by him in discharging his duties as a member of the
commission.
(4) It is the function of the commission
(a) to promote the principles of this Act;
(b) to promote an understanding of and compliance with this Act;
(c) to develop and conduct educational programmes designed to
eliminate discriminatory practices; and
(d) to encourage and co-ordinate programmes and activities pro­
moting human rights and fundamental freedoms.
(5) The commission may approve programmes of government, private
organizations, or persons designed to promote the welfare of any class of
individuals, and any approved programme shall be deemed not to be in
contravention of any of the provisions of this Act.
(6) Where
(a) a person contravenes this Act or is discriminated against con­
trary to this Act; and
(b) every person who is directly affected by such discrimination or
contravention agrees to a settlement in respect of such dis­
crimination or contravention,
the commission may, upon application, approve the settlement, and,
thereupon, such settlement shall be deemed not to be in contravention
of any of the provisions of this Act.
(7) The Lieutenant-Governor in Council may, by Order, make regu­
lations adding to or extending the functions of the commission and re­
specting any matter necessary or advisable to carry out effectively the
intent and purpose of this Act. 1973 (2nd Sess.), c. 119, s. 11.

12. ( 1 ) The Minister of Labour shall appoint, in accordance with the
Public Service Act, a director and such other employees as may be re­
quired for the purposes of this Act.
(2) The director shall
(a) act as chief executive officer of the commission; and
(b) act as registrar for the purpose of ensuring that complaints are
dealt with in accordance with this Act.
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29

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(3) The director has, for the purposes of an inquiry under this Act,
the power of a commissioner appointed under the Public Inquiries Act.
1973 (2nd Sess.), c. 119, s. 12.
enquiry

13. (1) The Minister of Labour shall appoint persons to a panel
who shall be eligible to serve on boards of inquiry.
(2) The Lieutenant-Governor in Council may determine the rate of
remuneration of members of the panel. 1973 (2nd Sess.), c. 119, s. 13.
14. (1) The director shall annually prepare, with the commission,
and submit to the Minister of Labour a report of tire activities of the
commission, the director, and boards of inquiry during the preceding
calendar year.
(2 ) The Minister of Labour shall lay forthwith the report before the
Legislative Assembly if it is -in session and, if not, within fifteen days of
the commencement of the next ensuing session. 1973 (2nd Sess.), c. 119,
s. 14.
Enforcement of Act

15. (1 ) Where the director
(a) receives a complaint alleging that a person, whether or not he
is the complainant, has been discriminated against contrary to
this Act; or
(b) receives a complaint alleging that a person has contravened
this Act; or
(c) alleges, whether or not a complaint is received, that a person
has contravened this Act or that a person has been discrim­
inated against contrary to this Act; or
(d) receives from the commission an allegation that a person has
contravened this Act or that a person has been discriminated
against contrary to this Act,
the director shall forthwith inquire into, investigate, and endeavour to
effect a settlement of the alleged discrimination or contravention.
(2) The director, or a person authorized in writing by him, may, for
the purposes of an inquiry, investigation, or endeavour under subsec­
tion (1),
(a) inspect and examine all books, payrolls, personnel records,
registers, notices, documents, and other records of any person
that in any way relate to the
(i) wages, hours of labour, applications for employment,
or conditions of employment affecting any person;
(ii) membership of any person in or an application by
any person for membership in a trade union;
(iii) accommodation, services, or facilities customarily
available to the public;
1854-10

allegation.

13/12/74

30

Human Rights Code of

1973
(Second Session)

Chap. 119

BRITISH COLUMBIA

(Replacing chapter 10, S.B.C. 1969.)

(iv) occupancy of any space under the terms of a tenancy
agreement; and
(v) purchase or acquisition of a commercial or dwelling
unit or of land or an interest in land;
(b) take extracts from or make copies of any entry in those books,
payrolls, personnel records, registers, notices, documents, and
records;
(c) require any person to make or furnish full and correct state­
ments, either orally or in writing, in whatever form is required,
respecting matters referred to in clause {a) and, in the dis­
cretion of the director or person authorized, require the state­
ments to be made by the person on oath or to be verified by a
statutory declaration;
(d) require any person to make full disclosure, production, or
delivery to the director or person authorized, at such time and
place as may be specified, of
(i) all records, documents, statements, writings, books,
papers, extracts therefrom or copies thereof that the person
has in his possession or control; or
(ii) other information, either verbal or in writing, and
either verified on oath or otherwise as may be directed,
that may in any way relate to matters referred to in clause (n);
(e) make such examination and inquiry as may be necessary to
ascertain whether the provisions of this Act are complied with;
(/) exercise such other powers as may be necessary for carrying
this Act and the regulations into effect; and
(g) administer all oaths and take all affidavits and statutory
declarations required or authorized to be made under this
section, and to summon any person to give evidence in con­
nection with any investigations, inquiry, or examination. 1973
(2nd Sess.), c. 119, s. 15; 1974, c. 87, s. 18.
reference to board of inquiry
inquiry.

(1) Where the director is unable to settle an allegation, or where
he is of the opinion that an allegation will not be settled by him, the
director shall make a report to the Minister of Labour, who may refer
the allegation to a board of inquiry and
(a) appoint a board of inquiry consisting of one or more panel
members appointed under section 13; and
(b) fix a place at which and a date on which the board of inquiry
shall hear and decide upon the allegation.
(2) A board of inquiry and every member thereof has, for the pur­
poses of a reference under subsection ( 1 ), the powers of a commissioner
appointed under the Public Inquiries Act.

1854-11
13/12/74

31

Chap. 119

Human Rights Code of
British Columbia

22 Eliz. 2

(Replacing chapter 10, S.B.C. 1969.)

(3) For the purposes of a reference under subsection (1), the per­
sons who are entitled to be parties to a proceeding before the board of
inquiry are
(a) the director, commission, or person who made the allegation;
(b) the person alleged to have been discriminated against contrary
to this Act;
(c ) the person who is alleged to have contravened this Act; and
(d) any other person who, in the opinion of the board of inquiry,
would be directly affected by an order made by it.
(4) A board of inquiry shall give the parties opportunity to be repre­
sented by counsel, to present relevant evidence, to cross-examine any
witnesses, and to make submissions.
(5) The board of inquiry may receive and accept, on oath, affidavit,
or otherwise, such evidence or information as it, in its discretion, con­
siders necessary and appropriate, whether or not such evidence or in­
formation would be admissible in a court of law.
(6) The Lieutenant-Governor in Council may, by Order, establish
rules governing the procedure of a board of inquiry. 1973 (2nd Sess.),
c. 119, s. 16.

order by board of inquiry
inquiry.

( 1 ) Where a board of inquiry is of the opinion that an allegation
is not justified, the board may dismiss the allegation.

(2) Where a board of inquiry is of the opinion that an allegation is
justified, the board of inquiry shall order any person who contravened
this Act to cease such contravention, and to refrain from committing the
same or a similar contravention, and may
(a) order a person who contravened the Act to make available to
the person discriminated against such rights, opportunities, or
privileges as, in the opinion of the board, he was denied con­
trary to this Act;
(b) order the person who contravened the Act to compensate the
person discriminated against for all, or such part as the board
may determine, of any wages or salary lost, or expenses in­
curred, by reason of the contravention of this Act; and
(c) where the board is of the opinion that
(i) the person who contravened this Act did so know­
ingly or with a wanton disregard; and
(ii) the person discriminated against suffered aggravated
damages in respect of his feelings or self-respect,
the board may order the person who contravened this Act to
pay to the person discriminated against such compensation, not
exceeding five thousand dollars, as the board may determine.
(3) A board of inquiry may make such order as to costs as it con­
siders appropriate.
1854-12
13/12/74

35

4.2

CANADIAN BILL OF RIGHTS

CANADIAN BILL OF RIGHTS
Appendix III to R.S.C. 1970

An Act for the Recognition and Protection of Human Rights and Fundamental
Freedoms, 1960 (Can.), c. 44.

The Parliament of Canada, affirming that the Canadian Nation is
founded upon principles that acknowledge the supremacy of God, the
dignity and worth of the human person and the position of the family in a
society of free men and free institutions;
Affirming also that men and institutions remain free only when free­
dom is founded upon respect for moral and spiritual values and the rule
of law;
/
And being desirous of enshrining these principles and the human rights
and fundamental freedoms derived from them, in a Bill of Rights which
shall reflect the respect of Parliament for its constitutional authority and
which shall ensure the protection of these rights and freedoms in Canada:
THEREFORE, Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as follows:

PART I
BILL OF RIGHTS

1. It is hereby recognized and declared that in Canada there have
existed and shall continue to exist without discrimination by reason of
race, national origin, colour, religion or sex, the following human rights
and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person
and enjoyment of property, and the right not to be deprived
thereof except by due process of law;
(b) the right of the individual to equality before the law and the
protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
2. Every law of Canada shall, unless it is expressly declared by an
Act of the Parliament of Canada that it shall operate notwithstanding
the Canadian Bill of Rights, be so construed and applied as not to abro­
gate, abridge or infringe or to authorize the abrogation, abridgment or
infringement of any of the rights or freedoms herein recognized and
declared, and in particular, no law of Canada shall be construed or applied
so as to
(a) authorize or effect the arbitrary detention, imprisonment or exile
of any person;
(b) impose or authorize the imposition of cruel and unusual treatment
or punishment;
(c) deprive a person who has been arrested or detained
(1) of the right to bc Informed promptly of the reason for his
arrest or detention,
(11) of the right to retain and instruct counsel without delay, or
(iii) of the remedy by way of habeas corpus for the determination
of the validity of his detention and for his release if the de­
tention Is not lawful;

36

(d) authorize a court, tribunal, commission, board or other authority
to compel a person to give evidence if he is denied counsel, protec­
tion against self crimination or other constitutional safeguards;
(e) deprive a person of the right to a fair hearing in accordance with
the principles of fundamental justice for the determination of his
rights and obligations;
(/) deprive a person charged with a criminal offence of the right to
be presumed Innocent until proved guilty according to law In a
fair and public hearing by an independent and impartial tribunal,
or of the right to reasonable bail without just cause; or
(g) deprive a person of the right to the assistance of an interpreter
in any proceedings in which he is involved or in which he Is a
party or a witness, before a court, commission, board or other
tribunal, if he does not understand or speak the language In which
such proceedings are conducted.
3. The Minister of Justice shall, in accordance with such regulations
as may bc prescribed by the Governor in Council, examine every proposed
regulation submitted in draft form to the Clerk of the Privy Council
pursuant to the Regulations Act and every Bill introduced in or presented
to the House of Commons, in order to ascertain whether any of the
provisions thereof are inconsistent with the purposes and provisions of
this Part and he shall report any such inconsistency to the House of
Commons at the first convenient opportunity.

4. The provisions of this Part shall be known as the Canadian Bill of
Rights.

PART II
5. (1) Nothing in Part I shall be construed to abrogate or abridge
any human right or fundamental freedom not enumerated therein that
may have existed in Canada at the commencement of this Act.
(2) The expression "law of Canada" in Part I means an Act of the
Parliament of Canada enacted before or after the coming into force of
this Act, any order, rule or regulation thereunder, and any law in force In
Canada or in any part of Canada at the commencement of this Act that is
subject to be repealed, abolished or altered by the Parliament of Canada.
(3) The provisions of Part I shall be construed as extending only to
matters coming within the legislative authority of the Parliament of
Canada.
(4) If both Houses of Parliament resolve that the proclamation be
revoked, it shall cease to have effect, and sections 3, 4 and 5 shall cease to
be in force until those sections are again brought into force by a further
proclamation but without prejudice to the previous operation of those
sections or anything duly done or suffered thereunder or any offence com­
mitted or any penalty or forfeiture or punishment incurred.
(5) Any act or thing done or authorized or any order or regulation
made under the authority of this Act, shall be deemed not to be an
abrogation, abridgement or infringement of any right or freedom recog­
nized by the Canadian Bill of Rights."

37

4.3

UNIVERSAL DECLARATION OF HUMAN RIGHTS

(UNITED NATIONS)

UNIVERSAL DECLARATION
OF HUMAN RIGHTS

PREAMBLE
Whereas recognition of the inherent dignity and of the
equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace in the
world,
Whereas disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience
of mankind, and the advent of a world in which human beings
shall enjoy freedom of-speech and belief and freedom from fear
and want has been proclaimed as the highest aspiration of the
common people,
Whereas it is essential, if man is not to be compelled to have
recourse, as a last resort, to rebellion against tyranny and
oppression, that human rights should be protected by the rule
of law,
Whereas it is essential to promote the development of
friendly relations between nations,
Whereas the peoples of the United Nations have in the
Charter reaffirmed their faith in fundamental human rights, in
the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to
achieve, in co-operation with the United Nations, the promo­
tion of universal respect for and observance of human rights and
fundamental freedoms,
Whereas a common understanding of these rights and
freedoms is of the greatest importance for the full realisation of
this pledge,

38

Now, Therefore,

THE GENERAL ASSEMBLY
proclaims

THIS UNIVERSAL DECLARATION OF HUMAN
RIGHTS as a common standard of achievement for all peoples
and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind,
shall strive by teaching ànd education to promote respect for
these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective
recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories
under their jurisdiction.
Article i
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood.
Article 2
Everyone is entitled to all the rights and freedoms set forth in
this Declaration, without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or
territory to which a person belongs, whether it be independent,
trust, non-self-governing or under any other limitation of
sovereignty.

Article 3
Everyone has the right to life, liberty and security of
person.
Article 4
No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Article 5
No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.

Article 6
Everyone has the right to recognition everywhere as a person
before the law.

.39

Article 7
All are equal before the law and are entitled without any
discrimination to equal protection of the law. All arc entitled to
equal protection against any discrimination in violation of this
Declaration and against any incitement to such discrimination.
Article 8
Everyone has the right to an effective remedy by the com­
petent national tribunals for acts violating the fundamental
rights granted him by the constitution or by law.

Article 9
No one shall bc subjected to arbitrary arrest, detention or
exile.
Article 10
Everyone is entitled in full equality to a fair and public
hearing by an independent and impartial tribunal, in the de­
termination of his rights and obligations and of any criminal
charge against him.

Article 11
( 1 ) Everyone charged with a penal offence has the right to be
presumed innccent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for
his defence.
(2) No one shall be held guilty of any penal offence on
account of any act or omission which did not constitute a penal
offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed than
the one that was applicable at the time the penal offence was
committed.

Article 12
No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence, nor to attacks upon
his honour and reputation. Everyone has the right to the pro­
tection of the law against such interference or attacks.
Article 13

(1) Everyone has the right to freedom of movement and
residence within the borders of each state.
(2) Everyone has the right to leave any country, including
his own, and to return to his country.

40

Article 14
(1) Everyone has the right to seek and to enjoy in other
countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions
genuinely arising from non-political crimes or from acts
contrary to the purposes and principles of the United Nations.
Article 15
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.

Article 16
(1) Men and women of full age, without any limitation due
to race, nationality or religion, have the right to marry and to
found a family. They are entitled to equal rights as to marriage,
during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full
consent of the intending spouses.
(3) The family is the natural and fundamental group unit
of society and is entitled to protection by society and the
State.
Article 17
(1) Everyone has the right to own property alone as well as
in association with others.
(2) No one shall bc arbitrarily deprived of his property.
Article 18
Everyone has the right to freedom of thought, conscience and
religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.
Article 19

Everyone has the right to freedom of opinion and expression;
this right includes freedom to hold opinions without interfer­
ence and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20
(1) Everyone has the right to freedom of peaceful assembly
and association.
।
(2) No one may be compelled to belong to an association.

41

Article 21

(1) Everyone has the right to take part in the government of
his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in
his country.
(3) The will of the people shall be the basis of the authority of
government; this will shall be expressed in periodic and
genuine elections which shall be by universal and equal suffrage
and shall bc held by secret vote or by equivalent free voting
procedures.
Article 22

Everyone, as a member of society, has the right to social
security and is entitled to realisation, through national effort
and international co-operation and in accordance with the
organisation and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the
free development of his personality.
Article 23
(1) Everyone has the right to work, to free choice of employ­
ment, to just and favourable conditions of work and to protec­
tion against unemployment.
(2) Everyone, without any discrimination, has the right to
equal pay for equal work.
(3) Everyone who works has the right to just and favourable
remuneration ensuring for himself and his family an existence
worthy of human dignity, and supplemented, if necessary, by
other means of social protection.
(4) Everyone has the right to form and to join trade unions
for the protection of his interests.

Article 24
Everyone has the right to rest and leisure, including reason­
able limitation of working hours and periodic holidays with
pay.
Article 25
(1) Everyone has the right to a standard of living adequate
for the health and well-being of himself and of his family, in­
cluding food, clothing, housing and medical care and necessary
social services, and the right to security in the event of un­
employment, sickness, disability, widowhood, old age or other
lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood arc entitled to special care
and assistance. All children, whether born in or out of wedlock,
shall enjoy the same social protection.

42

Article 26
(1) Everyone has the right to education. Education shall be
free, at least in the elementary and fundamental stages.
Elementary education shall bc compulsory. Technical and
professional education shall bc made generally available and
higher education shall be equally accessible to all on the basis of
merit.
(2) Education shall be directed to the full development of the
human personality and to the strengthening of respect for
human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among' all nations,
racial or religious groups, and shall further the activities of the
United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education
that shall be given to their children.

Article 27
(1) Everyone has the right freely to participate in the cul­
tural life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and
material interests resulting from any scientific, literary or
artistic production of which he is the author.
Article 28
Everyone is entitled to a social and international order in
which the rights and freedoms set forth in this Declaration can
be fully realised.
Article 29
(1) Everyone has duties to the community in which alone
the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall
be subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and respect
for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare
in a democratic society.
(3) These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United Nations.

Article 30
Nothing in this Declaration may be interpreted as implying
for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.