What is discrimination?

Discrimination is when you are not given the same opportunity as others or are denied services, accommodation, facility, goods, rights, licences, benefits, programs or privileges because of personal characteristics. As society changes, so does the list of characteristics we accept without discrimination. They include, but are not limited to:

- race;

- colour;

- nationality;

- ethnic background;

- religion;

- age;

- sex;

- pregnancy;

- sexual orientation;

- marital or family status;

- source of income;

- political belief; and

- physical or mental disability.

Is discrimination allowed?

No. You are not allowed to be discriminated against if you are looking for a job, on the job, looking for a place to live, going to school, or entering a public place. Any business that is open to the public may not discriminate based on any of the above characteristics.

Are there any exceptions to discrimination?

It is not discrimination to deny certain services or goods, such as tobacco, alcohol, and driver's licences or bar entrance, to minors if they are not yet the required age. It is not discrimination that you must be 18 years old to vote.

If it is not possible to accommodate the needs of a person with a mental or physical disability without undue hardship, and they are unable to do the necessary parts of a certain job, an employer does not have to hire that person.

It is not discrimination to accommodate the needs of a person with one of the stated personal characteristics.

What if I have been discriminated against?

If you feel that you have been discriminated against, you may file a complaint with either the Manitoba Human Rights Commission (within 6 months) or the Canadian Human Rights Commission (within 1 year). Exceptions to these time limits may be made on an individual case basis.

If you have any questions about discrimination you can contact the Manitoba Association for Rights and Liberties. They will provide you with information, answer questions and give referrals to appropriate agencies that can help you with your problem.

What can the Manitoba and Canadian Human Rights Commissions do for me?

As soon as a complaint has been filed, the commission will look into the situation and decide how to proceed on the matter. The Manitoba and Canadian Human Rights Commissions may:

- try to get the parties to attend a mediation session and work with them to come to an agreeable solution;

- investigate the complaint;

- dismiss the complaint if there is not enough evidence to support the complaint; or

- recommend that the complaint be heard by a Human Rights Tribunal or a Board of Adjudication.

Sexual Harassment

What is sexual harassment?

Sexual harassment is a kind of discrimination that can happen to you because of your sex.

Sexual harassment can happen where you work, go to school or when you are dealing with someone at a store, business or government office.

Sexual harassment can include someone making unwanted sexual advances to you, asking you for sexual favours, threatening you if you say "no" to the requests, making jokes or comments of a sexual nature or unnecessary physical contact like touching, pinching or patting. Sometimes sexual harassment is also sexual assault.

Is sexual harassment allowed?

Sexual harassment is not allowed in the workplace, a business or in a school setting. An employer or teacher may not request sexual favours from you in return for job stability, promotion or good grades.

What if I have been sexually harassed?

If you have been sexually harassed at work or school, you may file a complaint with either the Manitoba Human Rights Commission (within 6 months) or the Canadian Human Rights Commission (within 1 year). Exceptions to these time limits may be made on an individual case basis. If you have been sexually assaulted, you may also wish to report the incident to the police.

If charges are laid, you can contact the Manitoba JusticeVictim/Witness Assistance Program. They will guide you through the court process, help prepare you for anything that you will have to do, such as give testimony, and give moral support.

What can the Manitoba or Canadian Human Rights Commissions do for me?

As soon as a complaint has been filed, the commission will look into the situation and decide how to proceed on the matter. The Manitoba and Canadian Human Rights Commissions may do one of the following:

- try to get the parties to attend a mediation session and work with them to come to an agreed upon solution;

- investigate the complaint;

- dismiss the complaint if there is not enough evidence to support it; or

- recommend that the complaint be heard by a Human Rights Tribunal or a Board of Adjudication.

The Canadian Charter of Rights and Freedoms

What is the Canadian Charter of Rights and Freedoms?

The Charter is part of Canada's Constitution, our supreme law. Any law made in Canada or Manitoba must comply with the Charter. The Charter states that individuals have certain rights and freedoms and, therefore, no other laws made may take away or limit these rights and freedoms unless those limits can be justified in a free and democratic society.

The Charter only protects you from other laws and government action, though, not from other people. People may violate your Charter rights, but the government-made laws, policies and actions may not.

What are my rights and freedoms under the Charter?

Under the Charter, you are guaranteed the freedom of:

- religion;

- thought, belief, opinion, and expression, including freedom of the press; and

- freedom to associate with whomever you want.

Under the Charter, you have a right:

- not to be unreasonably arrested or imprisoned.

Under the Charter, if you are arrested or detained, you have the right:

- to be told the reasons for the detention or arrest;

- to get a lawyer without delay and to be told of this right;

- to a speedy trial;

- to be presumed innocent until proven guilty by a court; and

- not to be tried and punished twice for the same offence.

Under the Charter, if you are found guilty of an offence, you have the right:

- not to be given any cruel or unusual punishment.

Under the Charter, you are also protected from laws which discriminate based on such things as:

- race;

- national or ethnic origin;

- colour;

- religion;

- sex;

- age; or

- mental or physical disability.

Who ensures that the Charter works for the people's rights?

The Court Challenges Program of Canada provides funds for important court cases that advance language and equality rights under the Charter. It enables minority language groups and individuals to pursue their legal rights through the courts.

The Women's Legal Education and Action Fund (LEAF) is a national organization which promotes equality for women through legal action and public education. LEAF challenges discrimination against women, using equality guarantees in the Charter.