Alberta Human Rights Information Service (AHRIS) is a free online newsletter that keeps subscribers up-to-date on Commission news and events. AHRIS also provides timely information about human rights and diversity from other organizations.
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In this issue:
International Day for the Elimination of Racial Discrimination is March 21
Human rights case law: Tribunal decisions
1. Recent Tribunal decisions
2. Summary of recent Tribunal decisions
Commission news
1. Tribunal Update
2. 2022-23 Annual Report is now available
3. Upcoming Human Rights in the Workplace public workshops
4. Register now: Pregnancy, Parenting, and Human Rights webinar
5. The Commission and the community
Other news
1. A breakthrough victory for First Nations children and families
2. Indigenous Support Line receives Patient Experiences Award
3. Alberta updates Multiculturalism and Anti-Racism Grant program
4. New Alberta Black Advisory Council established
United Nations International Day for the Elimination of Racial Discrimination
March 21 is the International Day for the Elimination of Racial Discrimination. Today, Albertans join communities around the world to shine a light on the important and ongoing fight against racism.
Marking the final year of the International Decade for People of African Descent, the United Nations’ theme for 2024 is “A Decade of Recognition, Justice, and Development: Implementation of the International Decade for People of African Descent.” This year’s theme provides an opportunity to examine the issues that Black people continue to face and take steps to create more welcoming and inclusive communities.
According to Statistics Canada, Alberta’s Black population more than quadrupled from 1996 until 2016. Sadly, despite increased diversity in the province, racism continues to impact Black Albertans in various aspects of their daily lives, demonstrated by persistent health and social inequities compared to other Canadians. Racial discrimination also affects the ability of Black Albertans to secure housing, employment, and goods and services free from discrimination. By shining a spotlight on these issues, this day prompts vital conversations and actions aimed at addressing systemic barriers and promoting equality.
All Albertans have an important role to play in speaking out against racism and building a society where discrimination and intolerance are not accepted. Individuals, communities, and organizations across Alberta can all work to challenge the root causes of racism and foster a more inclusive and welcoming province.
People of African descent have contributed greatly to the richness of our province and country, despite histories of oppression, racism, and discrimination. As we celebrate diversity and counter racism in Alberta, we can build a future where everyone is treated with dignity and has equal opportunities to thrive.
In recognizing this day, commit to challenging discriminatory attitudes and policies, fostering empathy and understanding, and promoting a culture of diversity and multiculturalism in Alberta. As the International Decade for People of African Descent nears its final months, continue to advance equality in the decades ahead.
Message from the Chief of the Commission and Tribunals
To recognize this important day, read a message from Kathryn Oviatt, Chief of the Commission and Tribunals, Alberta Human Rights Commission.
1. Recent Tribunal decisions
Read all Tribunal decisions free of charge on the Canadian Legal Information Institute (CanLII) website.
2. Summary of recent Tribunal decisions
Bare assertions of the inability to wear a mask are insufficient to prove prima facie discrimination
Tartal v Starbucks Coffee Canada Inc., 2024 AHRC 14 (Alberta Human Rights Tribunal, January 29, 2024)
The complainant filed a human rights complaint stating that her employer had not accommodated her inability to wear a mask during COVID-19, due to a disability. After an appeal of the Director’s dismissal decision, the Tribunal agreed to hear the complaint. The complainant was a barista and argued that she was unable to wear a mask while serving customers. She suggested to her employer that she should be permitted to do alternate work or be put on a paid leave of absence. The respondent chose to put her on an unpaid leave of absence.
The respondent asked for medical information to support that the complainant experienced migraines wearing a mask and therefore needed accommodation. The complainant went to her family doctor, who refused to write a medical note. She then sought out a doctor on Denman Island in B.C. The complainant noted that this doctor’s website advertised that he was willing to provide mask exemptions. He did not examine her, but accepted her self-reported medical information and wrote her a note exempting her from wearing a face mask. Neither doctor was called as a witness. There was evidence that the B.C. doctor later lost his license, pending an investigation for providing wrongful mask exemptions.
Chair Ringseis did not accept the medical documentation from the B.C. doctor. The complainant had only provided bare assertions (Hogan v Syncrude Canada Ltd., 2019 AHRC 32) of a medical necessity that she could not wear a mask. She did not provide proof of prima facie discrimination. The complaint was dismissed.
Several other complaints stemming from COVID-19 were heard recently and can be found here:
Tribunal awards significant damages for repeated sexual harassment against three female employees
Oliva, Pascoe, and Strong v Gursoy, 2024 AHRC 45 (Alberta Human Rights Tribunal, March 8, 2024)
The Tribunal awarded considerable damages to denounce the actions of a business owner who repeatedly and seriously sexually harassed three female employees. The women filed separate complaints against the owner, who was also their supervisor. The sexual harassment included recurrent verbal and physical altercations against each of the three women during their employment. The owner terminated two of the women and subsequently filed civil actions against all three of them, which the Tribunal later found were retaliation for filing the human rights complaints. Chair Scott awarded:
1. Tribunal Update
In January 2024, Commission Members and staff gathered in Red Deer for a day of learning and development. We invited Knowledge Keeper, Steven O’Chiese, to share his knowledge and context on how best to incorporate our blessed eagle feathers in proceedings, as well as how to give life to a land acknowledgement.
In the afternoon, Melissa Luhtanen, Senior Legal Counsel, conducted a case law overview on critical topics affecting the Tribunal’s work, such as racial discrimination cases, applying the Canadian Charter of Rights and Freedoms values at the Tribunal, and the acceptance of additional records and audio files in Section 26 Requests for Review.
2. 2022-23 Annual Report is now available
Tabled on March 13, 2024 in the Alberta Legislature, the Commission’s 2022-23 Annual Report is now available for viewing.
3. Upcoming Human Rights in the Workplace public workshops
The Commission offers virtual workshops that provide participants with information about Alberta’s human rights legislation, an overview of the complaints process, and concepts like the duty to accommodate, as well as strategies for preventing and addressing discrimination in the workplace.
Each workshop takes place online over two half-days, from 8:30 a.m. to 12:30 p.m.
Email educationcommunityservices@gov.ab.ca to register for one of the following workshop dates:
4. Register now: Pregnancy, Parenting, and Human Rights webinar
Join the Alberta Human Rights Commission on April 16, 2024 for a virtual discussion on pregnancy, parenting, and human rights. To promote the 2022 release of our Human Rights, Pregnancy, and Parental Rights and Responsibilities human rights guide, the webinar will provide information about maternity leave and parental leave (which includes adoptive parents) and explain how the Alberta Human Rights Act applies to pregnancy, breastfeeding/chestfeeding, maternity and parental leave, adoption, and childcare obligations.
Registration closes April 12, 2024.
5. The Commission and the community
1. A breakthrough victory for First Nations children and families
In October 2023, Canada’s Federal Court approved a historic $23 billion settlement agreement that will compensate over 300,000 First Nations children and their families for chronic underfunding of the on-reserve foster care system and other family services by the government.
Visit the First Nations Child & Family Caring Society’s website to learn more about this landmark case.
2. Indigenous Support Line receives Patient Experiences Award
The Commission's Indigenous Advisory Council member, Nadine McRee, and her Indigenous Wellness team within Alberta Health Services recently received the 2023 Patient Experiences Award for the creation of the Indigenous Support Line. The award recognizes and spreads knowledge about initiatives that improve the patient’s overall experience in accessing and receiving healthcare services.
Launched in May 2022 as a part of the Alberta Health Services’ commitment to improving Indigenous peoples’ healthcare concerns and experiences, the Indigenous Support Line helps callers access culturally appropriate care and navigate the healthcare system. Comprised of Indigenous Health Link staff and supported by a Wisdom Council, the free service welcomes callers at any point in their healthcare journey with questions or concerns.
The Indigenous Support Line is available in North, Central, and South Zones by calling toll-free 1-844-944-4744 from 12 p.m. to 8 p.m., Monday to Friday.
3. Alberta updates Multiculturalism and Anti-Racism Grant program
In December 2023, the Government of Alberta launched their new Ethnocultural Grant program and Anti-Racism Grant program. These two grant programs came from the former Multiculturalism and Anti-Racism Grant, following advice from the Alberta Anti-Racism Advisory Council to better support anti-racism and multicultural efforts. The Ethnocultural Grants support community organizations implementing initiatives focused on building diverse, inclusive, and welcoming multicultural communities, while the Anti-Racism Grants support community initiatives that combat discrimination and address systemic racism.
The Commission supported the grant application review process and looks forward to the implementation of the successful recipients’ projects. The Government of Alberta expects to notify applicants by March 31, 2024.
4. New Alberta Black Advisory Council established
Last month, the Government of Alberta launched an advisory council to tackle racism and systemic barriers for Alberta’s Black community. The council will also provide advice related to initiatives that improve their socioeconomic well-being and promote cross-cultural exchange and understanding.
This new council aims to complement the current work of the Alberta Anti-Racism Advisory Council and the Premier’s Council on Multiculturalism.
Our vision is a vibrant and inclusive Alberta where the rich diversity of people is celebrated and respected, and where everyone has the opportunity to fully participate in society, free from discrimination.
