What are human rights?

Human rights are rights to live and work without discrimination. Laws in Canada, including the Alberta Human Rights Act, protect human rights.

About human rights

Human rights affirm and protect the right of every individual to live and work without discrimination. Human rights policies and legislation contribute to a climate respecting the dignity, worth, and rights of all people.

Human rights are protected in Alberta through various laws, including:

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What you need to know

  • In Canada, there are several sources of human rights law, including provincial and territorial, federal, and international laws.
  • Every province and territory in Canada has its own human rights legislation.
  • The Alberta Human Rights Act is provincial human rights legislation that applies across Alberta.
  • The Canadian Human Rights Act is human rights legislation that only applies to federally regulated settings.
  • Federally, the Canadian Charter of Rights and Freedoms recognizes the right of individuals to be free from discrimination on certain grounds.
  • Internationally, the Universal Declaration of Human Rights sets out universal human rights.
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Alberta Human Rights Act

The Alberta Human Rights Act protects Albertans from discrimination in protected areas and based on protected grounds. The purpose of the Act is to make sure everyone can participate equally in various aspects of life in Alberta. This means making sure everyone has an equal opportunity to earn a living, find a place to live, and enjoy services customarily available to the public, without discrimination.

The Alberta Human Rights Commission deals with issues of discrimination protected by the Alberta Human Rights Act.

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Canadian Human Rights Act

The Canadian Human Rights Act is federal human rights legislation that protects Canadians from discrimination in certain situations and on certain grounds. The Act only applies to federally regulated settings, including:

  • Government of Canada departments or Crown corporations
  • First Nations governments or bands
  • chartered banks (not including credit unions or treasury branches)
  • airports and airlines
  • ships and navigation (including loading and unloading vessels)
  • TV and radio stations
  • phone and internet providers
  • transportation companies (ferries, trains, trucks, or buses that travel between provinces)
  • RCMP

The Canadian Human Rights Commission deals with issues of discrimination under the Canadian Human Rights Act.

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Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution. The Charter applies to how governments (or anyone acting on their behalf) interact with individuals in Canada. It ensures governments do not take away these rights or interfere with them in an unreasonable way. The Charter also protects the rights of all Canadians from violations by laws, policies, or actions of government.

The Charter describes fundamental freedoms, democratic rights, mobility rights, legal rights, and official language rights. It also recognizes equality before and under the law, as well as the right of individuals to be free from discrimination on certain grounds. The Charter also sets out prohibited grounds of discrimination, which are similar to federal, provincial, and territorial human rights legislation.

The Charter does not apply to private individuals, businesses, or other organizations. This means that a person cannot make a Charter challenge against a private individual, private business, or private organization.

To learn more about the Charter, refer to the Government of Canada’s website.

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Universal Declaration of Human Rights

The Universal Declaration of Human Rights is an international declaration that sets out fundamental and universal human rights. It recognizes that all human beings are born free and equal in dignity and rights. The Declaration inspired human rights legislation in Canada, so there are overlapping human rights principles between the Declaration and Canadian human rights law.

To learn more about the Declaration, refer to the United Nations’ website.

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FAQs

The Charter only applies to the actions of government and quasi-governmental bodies. Whereas provincial and territorial human rights legislation applies to landlords, employers, and service providers in public and private settings.

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No, the Commission only deals with human rights complaints under the Alberta Human Rights Act. If your complaint is about a violation of your rights under the Canadian Human Rights Act, refer to the Canadian Human Rights Commission for more information. For example, if you are an Albertan who experienced discrimination while working at a chartered bank, you may make a human rights complaint to the Canadian Human Rights Commission. You won’t be able to make your human rights complaint to the Alberta Human Rights Commission because the Alberta Human Rights Act does not apply to federally regulated settings.

If you have a human rights complaint that the Commission does not deal with, see Other helpful agencies or get legal help.

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The Commission can deal with some, but not all, human rights complaints against Indigenous organizations or governments. The Commission can deal with human rights complaints against:

  • organizations on reserves or settlements (for example, a gas station or corner store on reserve)
  • Indigenous-run or owned organizations operating on or off reserves or settlements (for example, a catering company owned by a First Nations band)
  • Métis settlement councils in Alberta

However, the Commission cannot deal with human rights complaints against First Nations governments or bands in Alberta. The Canadian Human Rights Commission deals with these complaints.

For more information, read the Protection of Aboriginal Peoples under the Alberta Human Rights Act.

Not sure which jurisdiction your issue falls under? Contact the Commission for help.

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The Commission gets its authority from the Alberta Human Rights Act. This means it can only deal with issues described in the Act. The Act describes several protected areas and protected grounds. The Commission can only deal with issues of discrimination in these protected areas and based on these protected grounds.

Other human rights are described in other legislation. That legislation will say who enforces those rights and how. For example, someone with issues under the Canadian Charter of Rights and Freedoms must start an action against the specific government that infringed on those rights.

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The Commission has a self-assessment tool to help you understand if the Commission can help. Answer questions about your issue in our tool to learn more. The tool will also direct you to other agencies or resources if the Commission cannot help.

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Not all Canadian provinces and territories offer the same human rights protections against discrimination. The federal Canadian Human Rights Act and some provinces have unique protected grounds and/or areas. For example, the Alberta Human Rights Act does not protect against:

  • discrimination based on grounds such as genetic characteristics, social condition, political belief, or criminal conviction
  • discrimination not in a protected area such as a dispute with a neighbour or a comment or slur made by a person on the street
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In Canada, the federal government and provincial government share responsibility for making laws. Canada’s Constitution describes which level of government is responsible for – or has jurisdiction over – certain subjects. Federal legislation is law that applies across Canada or to federally regulated settings. Provincial legislation is law that applies only to Alberta.

For example, the Canadian Human Rights Act is federal human rights legislation. It protects Canadians from discrimination in certain federally regulated situations and on certain grounds. Canadians who believe that they have experienced discrimination under the Canadian Human Rights Act can make a complaint to the Canadian Human Rights Commission, which is a federal agency.

Provincial legislation like the Alberta Human Rights Act only protects people from discrimination in protected areas and based on protected grounds in Alberta. Albertans who believe that they have experienced discrimination under the Alberta Human Rights Act can make a complaint to the Alberta Human Rights Commission, which is a provincial agency.

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