Publications and notices

The Alberta Human Rights Act prohibits discrimination in statements, publications, notices, signs, symbols, emblems, and other representations to the public.
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How does the Alberta Human Rights Act protect against discriminatory publications and notices?

The Alberta Human Rights Act prohibits publishing, issuing, or displaying notices in public based on protected grounds that:

  • indicate discrimination or intent to discriminate, or
  • are likely to expose a person or group of people to hatred or contempt.

The Act addresses notices that detest or vilify a group or person. This means a notice that inspires others to have extreme ill-will towards the person or group, or to abuse and consider them unworthy. Discriminatory notices are often based on hate. In order to balance this right with freedom of expression, the Act does not protect against notices that people find personally to be insulting, upsetting, in bad taste, or contrary to their own beliefs.

On this page, “notices” includes all statements, publications, signs, symbols, emblems, and other representations to the public. For example, a notice could be a poster hung in public, a comment in a speech, a newspaper article, and more.

What you need to know

  • A person can freely express an opinion on any topic but not publicly in a way that promotes hatred or contempt of others based on a protected ground.
  • Protecting freedom of expression is a fundamental principle of human rights, meaning there is a high bar to prove discriminatory notices.
  • A person who sees a discriminatory notice can make a complaint to the Commission within one year after the publication date.
  • The respondent may be an individual or an organization who authors, publishes, or is connected to the notice.
  • A person who experiences a discriminatory notice at work, when accessing goods or services, or with housing can make a complaint under those protected areas too.

Examples of discriminatory notices

Examples of notices that are discriminatory include:

  • a newspaper article calling for people to harm members of the 2SLGBTQ+ community
  • displaying a burning cross and swastika at an Aryan event
  • advertisements on buses promoting vilification of the Muslim community

Not all notices are discrimination under the Act, for example:

  • displaying a sign or symbol that identifies facilities usually used by one gender. For example, signs for washrooms or changing rooms.
  • notices by or for a non-profit organization whose members have the same political or religious beliefs, ancestry, or place of origin. For example, a church poster for its congregants.
  • notices that people find personally to be insulting, upsetting, in bad taste, or contrary to their beliefs

Who can make a complaint

Any person who sees a discriminatory notice may make a complaint. This includes a targeted person or a member of the targeted group.

If you believe a notice is discriminatory, you may choose to take some or all of the following steps to resolve the issue:

  1. Find out who made the notice, when it was made, and if it is linked to an organization.
  2. Think about whether you feel safe discussing resolution with the person or organization responsible for the notice.
  3. If you feel you can discuss resolution with the person or organization responsible, then you may wish to reach out to them in writing. For example, you might write a letter to the editor of the newspaper or send an email to the director of the organization.
  4. Make a human rights complaint to the Commission within one year after the publication date.

Who is responsible for the notice

A complaint to the Commission may be against an individual or organization connected to the notice. Those responsible could include:

  • the publisher of the notice
  • the author of the notice
  • the directors, officers, or board members of the publishing company
  • those somehow linked to publishing the notice
  • a person or business displaying a notice
  • someone who caused the notice to be published, issued, or displayed

To be responsible under the Act, the respondent does not have to be directly involved in publishing the notice to the public. Someone who is indirectly involved may still be responsible, depending on the case.

If you are responsible for the notice, you may be liable to pay damages to the targeted person or group, or ordered to take other steps to remedy the situation.

FAQs

No. To be discrimination, the hate, racism, harassment, or bullying must:

  • be based on one or more protected grounds,
  • occur in a protected area (such as employment, housing, or goods and services), and
  • lead to a negative effect.

For example, discrimination occurs if someone is refused a job, promotion, or training opportunity because of their religious beliefs or any other protected ground.

Section 3 of the Act also covers statements, publications, notices, signs, symbols, emblems, or other representations that indicate discrimination or an intention to discriminate again a person or class of person or are likely to expose a person or class of persons to hatred or contempt because of any of the protected grounds. Read the Section 3 page to learn more about this area.

The Commission can only deal with hate or racism that is protected under the Act. Some examples include:

  • If someone at work says hateful things to you because you have different political views, this is not discrimination under the Act.
  • If your neighbour makes a racist and hurtful comment towards you, this is not discrimination under the Act because conversations between neighbours are not protected.
  • If someone at work harasses you because you have different political views, this is not discrimination under the Act, as political views are not a protected ground.
  • If someone publicly distributes a flyer that has hateful comments about a particular group.

Hate, racism, harassment, and bullying are not acceptable, even if the Act does not cover it.

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Some incidents are discrimination. The Act prohibits discrimination that occurs in a protected area and is based on one or more protected grounds. If you have experienced, witnessed, or are part of a workplace or organization responding to a complaint of discrimination, learn more by reading the Responding to discrimination page. You can also make a complaint to the Commission within one year of the discrimination occurring.

Hate and harassment that is criminal in nature is protected under Canada’s Criminal Code. You can contact the police, Victims’ Services, or Crime Stoppers to report your concerns. The police decide if they have enough evidence to lay charges and the Crown prosecutors bring the offence to court.

Other incidents may not be discrimination under the Act, a hate crime, or criminal. This behaviour is still not okay. Contact an anti-hate agency to report your concerns and receive support. Examples include StopHateAB, Act2endracism (to report hate and racism against people of Asian descent), and the Anti-hate Hotline (to report an anti-Semitic incident). You can also contact 211 Alberta to find local supports.

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The term hate crime describes a criminal offence against a person or property where the suspect is motivated fully or partly by hate. Hate crimes are protected under Canada’s Criminal Code. While there is no specific hate crime offence in the Code, there are several offences that relate to hate, including advocating genocide, public incitement of hatred, and willful promotion of hatred or anti-Semitism. An example of a crime motivated by hate is assaulting a person based on their race.

The standard for a criminal offence is high. Based on the evidence, the judge must believe the person committed the crime beyond a reasonable doubt. Even if the behaviour is not criminal, it does not necessarily mean the behaviour is acceptable.

Contact your local police to learn more.

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In deciding if a publication or notice is “likely to expose” a person to hatred or contempt, the Commission considers:

  • Does the notice express hatred or contempt based on one or more protected grounds?
  • Would a reasonable person think the notice is expressing detestation or vilification of a person or group? (To detest or vilify means to inspire extreme ill-will against someone, to abuse and render them unworthy in the audience’s eyes.)
  • What are the likely effects on the targeted person or group?

The Commission also looks at:

  • the message in the notice, including the content, tone, images, whether it reinforces existing stereotypes, and surrounding circumstances (such as whether the notice refers to well-known issues)
  • the medium, including how credible the notice is, who received it, and the context (for example, whether it is part of a debate, presented as news, or a supposedly authoritative analysis)
  • the audience, including how vulnerable the targeted group is

It does not matter if the person did not intend to discriminate. The Commission can decide discrimination exists even if the person publishing or distributing the notice did not intend to discriminate.

Discriminatory notices are about human rights. The Alberta Human Rights Act prohibits public notices that show discrimination or that expose a person or group to hate or contempt based on one or more protected grounds.

Defamation is about damaging someone’s reputation. Alberta’s Defamation Act allows you to sue someone in civil court if they publicly publish, broadcast, or speak a false statement. The Criminal Code also makes it a crime for someone to defame you. If you believe someone defamed you, contact a lawyer. There are steps you need to take by certain deadlines before you can sue someone for defamation.

The Alberta Human Rights Act balances the goal of eliminating discrimination with the right to freedom of expression.

The Canadian Charter of Rights and Freedoms protects freedom of expression. This means Canadians can freely express their opinions. Note though that section 1 of the Charter allows reasonable and justifiable limitations on Charter freedoms. On the other hand, the Act recognizes the inherent dignity and rights of all persons as the foundation of freedom, justice, and peace in the world.

We must balance a person’s right to express their opinions with our societal values of treating people with dignity and respect.

Signs posted at work usually fall under the employment sections of the Act. If you make a complaint to the Commission because of a sign at work, choose “employment practices” or “employment applications, advertisements, or interviews” on the Complaint Form, depending on the situation.

Yes. Whether the publication is a discriminatory notice under the Act depends on if it is likely to expose a person or group to hatred or contempt.