provisions
of the Charter
article
4 of the Covenant.
Non--
0
. .
.
of Rights
.
and Freedome
and were
consistent
with
of the UWE
to that issue,
members of the Committee wished to receive
GO. With reference
clarification
of the references
in section
6 of the Charter
of Rights
and
Freedoms to “mobility
rights”
and wondered whether
such rights
were guaranteed
only to Canadian citieens.
They also inquired
whether
the recent
review of
the Canadian Human Rights Act had given rise to any proposals
to emend federal
legislation:
why political
opinion was not one of the prohibited
grounds for
discriminatory
treatment
except in the case of Newfoundland2
whether
any
measures had been taken to amend the Unemployment
Insurance
Act so as to
eliminate
discrimination
on such grounds;
whether
Indians
could invoke both
the Human Rights Act and the Indian Act; and whether
the fact that all female
offenders
in the country
were placed in a single
federal
penitentiary
for
usual place of residence,
did not
women, sometimes very far away from their
constitute
discrimination
against
women,
Clarification
was also sought of the
concept of “reasonable
accommodation”
and of the functions
and activities
of
the Citieens
’ Participation
Branch.
61. In addition,
members recalled
that although
the Covenant did not speak of
the right
to immigration
or even of the right
to asylum,
the Committee was of
the view that article
26 of the Covenant required
that all rights
and
advantages
should be accorded to everyone without
discrimination
of any kind.
III that regard,
it was asked what measures had been taken to avoid any
discrimination
on the grounds enumerated
in article
26.
In particular,
concern was expressed
over the heavy backlog
of cases of asylum seekers
and,
in that respect,
over the priority
that was being accorded on the basis of the
language spoken by the asylum seeker.
62. In his reply,
the representative
of the State party
said that “mobility
rights”
were covered by general
legislation
that did not discriminate
on the
basis of province
of origin
and did not require
residence
as a condition
of
eligibility
for social
services.
Rights restricted
to Canadian citizens
concerned
only the right
to enter,
stay in and/or leave the country.
The
comprehensive
review of the Canadian Human Rights Act had not yet been
completed.
Section
15 of the Charter
prohibited
discrimination
on a certain
number of grounds,
which were not exhaustive
and were sufficiently
broad to
cover any other grounds of discrimination
not expressly
mentioned.
The
Federal Government was considering
whether
or not the question
of political
or
other opinion
should be added to the Canadian Human Rights
Act as prohibited
grounds
for discrimination.
Various
provisions
of the Unemployment
Insurance
Act had been judged discriminatory
by a Human Rights Tribunal
and a bill
had,
consequently,
been tabled in Parliament
to enable those flaws
to be
eliminated.
The principle
of “reasonable
accommodation”
held that everything
possible
had to be done to enable a person to participate
in employment or to
have access to goods and services,
although
that requirement
had to be subject
to a balancing
test to see whether
it would cause undue hardship,
cost or
inconvenience
to the employer.
The Citizens’
Participation
Branch sought to
protect
the rights
of individuals
by helping
federal,
provincial
and
territorial
governments
to implement international
treaties,
preparing
for the
ratification
of new instruments
and promoting
a greater
awareness
of human
rights.
The provisions
of article
67 of the Human Rights
Act
were intended
to
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