BY THE INSTITUTE OF ISLAND STUDIES JANUARY 22, 1998
Introduction
Honourable Chair and members of the Standing Committee on Social Development, we are honoured to appear before you today to present our brief on the PEI Human Rights Act.
The Institute of Island Studies has submitted briefs many times over the years to such Legislative committees. We see it as a way of fulfilling our mandate to "serve as a bridge between the University and Island communities" and "to contribute to the formulation of public policy in Prince Edward Island. "
While this brief is presented under the auspices of the Institute of Island Studies, we do not suggest that it represents the unanimous opinion of the members of the Institute of Island Studies Advisory Board. We have sought to bring together people from the University and from the wider Island community who have a good understanding of the social, economic, political and moral dimensions of human rights issues on Prince Edward Island, so that their collective contribution could be used to promote greater dialogue on these important issues. This is the spirit in which it has been endorsed by the Institute.
At the outset, 'our committee would like to acknowledge the substantial progress made towards revising the current Human Rights Act during the recent fall sitting of the Legislature. The additional legislative session (an innovation suggested by the Institute of Island Studies in a previous brief) has allowed a much fuller, more fruitful discussion of amendments than might have been possible during the press of a single, spring sitting of the Legislature.
In the recent debate on amendments to the Act, the topic of patronage has, perhaps understandably, dominated the discussions. The relationship between patronage and human rights is a key issue, and this brief will address it, but we will also attempt to address other, equally important considerations, which have been overshadowed by the "patronage question. "
The Preamble to Prince Edward Island's Human Rights Act (R.S. PEI, 1988) states that "the recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations. "
The reference to the Universal Declaration of Human Rights in our provincial Human Rights Act is more than a gesture of solidarity. In fact, it is important to note that the province is actually a signatory to this Declaration. Prince Edward Island's international commitments extend to other agreements as well, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Labour Organization Convention.
We ask that freedom of expression, freedom of conscience, and freedom of association be enshrined in the Preamble of our Human Rights Act, as it is in our national Act.
We also ask that the preamble reflect the International Covenant on Civil or Political Rights to which Prince Edward Island, as a province in the Dominion of Canada, is signatory. Article 22 of this agreement states that:
We suggest that this wording be included in the preamble and that it should be expanded to apply to all rights outlined in our provincial Human Rights Act.
Political Belief
In our opinion, it was a highly laudable initiative in 1989 when the province took action to amend our provincial statutes to prohibit discrimination on the grounds of political belief. This amendment was cited in the Third Canadian Report to the United Nations as a sign that Canada was complying with the terms of the International Covenant on Economic, Social and Cultural Rights to which the province is signatory. Prince Edward Island is on record as a jurisdiction that honours its international agreements.
Our committee applauds and supports the inclusion of political belief in the PEI Human Rights Act. We would like, however, to see the wording changed to read "political belief and other opinions." This would better reflect the international agreements to which we are signatory, most of which contain this same wording. It would also give Islanders protection from discrimination if they hold opinions on, or speak out about, contentious public issues.
Healthy dialogue is an important aspect of a healthy democracy. The proposed change in the wording of this provision would enhance the ability of individuals to be active players in the future of their communities without fear of reprisal for opinions that may be unpopular.
Patronage
While it is important to include political belief and other opinions in the Human Rights Act, we also believe that the Legislature is well advised to address the wider issue of patronage. This issue has precipitated a large number of complaints to the Human Rights Commission and has also resulted in a loss of faith in government. A measure of progress has been made with the proposed amendments debated during the fall sitting of the Legislature, but in the opinion of this committee, the revisions must go further.
We strongly advise that the Legislature create a mechanism whereby an arms-length agency be charged with the hiring for all casual, temporary or seasonal jobs.
The Members of our Legislative Assembly have come under much vilification, especially in recent years, for their perceived role in hiring for these positions. They have been left in an impossible position, caught between a political tradition that once was built around patronage and the widely held modern conviction that patronage is both wrong and discriminatory. Traditionally, elected members exerted considerable influence on the hiring process for certain jobs, and a broad segment of the public expected that their political support entitled them to employment. Our elected members are among the leaders in our communities, and may earn respect for their public service, their commitment to, and compassion for, their constituents. Issues of patronage have a tendency to undermine that respect. Revamping hiring practices to remove our elected representatives from the hiring process would go a long way towards restoring this respect.
Appeals and the Role of the Human Rights Commission
The recent amendment to the Human Rights Act, which removed the Minister from direct involvement in the appeals process, is another positive step. However, this procedural change will increase the workload of the Human Rights Commission. The expansion in duties should be reflected in increased resources for the Commission.
Moreover, we feel that there is an opportunity for the Commission to playa much more pro-active educational and advisory role in the community. A level of secure, stable funding, sufficient to provide adequate staffing for this expanded role, would benefit the Island community in the long term, giving us the opportunity to educate the next generation' in the principles of tolerance and justice. The result would be a better and more widespread understanding about acceptable conduct and practice which should, in the long run, reduce the number of appeals to the Human Rights Commission.
Marital Status
The Human Rights Act as it now stands does not protect single parents, especially mothers. They may become the victims of discrimination, for example, in attempting to rent suitable accommodations. The Universal Declaration of Human Rights states in Article 25 that "Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. "
The inclusion of marital status in the PEI Human Rights Act will help to ensure this protection.
Ombudsperson
To a certain extent, the Human Rights Commission currently acts in a mediation role, to resolve problems so that formal appeals to the Commission become unnecessary. The scope of the Commission I s activities in this respect are, however, limited.
Another important form of protection, which would benefit Island society as a whole, would be the office of an ombudsperson. Although precise roles vary from jurisdiction to jurisdiction, an ombudsperson generally functions as a mediator between citizens and government. By addressing problems as they arise, an ombudsperson could resolve some cases that would otherwise end up before the Human Rights Commission or the courts. The intervention of an ombudsperson familiar with the pertinent legislation and with how government works might also prevent undue hardship for people who end up suffering because of their unfamiliarity with government services.
Sexual Orientation
The federal government, in its 1996 amendment, Bill C-33, added sexual orientation to the Canadian Human Rights Act. In so doing, the government considered that it was merely giving formal recognition of a right already entrenched in the Canadian Charter of Rights. In its 1986 report to the House of Commons Sub-Committee on Equality Rights, entitled Toward Equality, the federal government stated that "The Government believes that one's sexual orientation is irrelevant to whether one can perform a job or use a service or facility. The Department of Justice is of the view that sexual orientation is encompassed by guarantees in section 15 of the Charter (pg 13)."
The Canadian Bar Association expressed the same view in its Brief to the Sub-Committee on Equality Rights.
The formal inclusion of sexual orientation in the national Act was followed this past December by an amendment to the Newfoundland Act; this province now prohibits discrimination on the basis of sexual orientation in areas such as employment, housing, literature, and access to establishments and services. This leaves Prince Edward Island, Alberta and the Northwest Territories as the only jurisdictions without this fundamental protection.
The federal government and the law community have both indicated that the Charter of Rights, the highest law of the land, ensures this right. Most other provinces also guarantee this protection. The Province of Prince Edward Island should include it in the PEI Human Rights Act. We emphasize that inclusion would not confer special treatment on any particular group on the basis of sexual orientation. On the contrary, it would ensure that equal rights are extended to all Islanders, and would recognize the dignity and worth of every person.
Labour Rights
Prince Edward Island, as a province in the Dominion of Canada, is signatory to the International Covenant on Civil or Political Rights. We ask that our Human Rights include the right, as granted in Article 22 of this agreement that:
We would like the PEI Human Rights Act to include an article which deals with labour rights so that it would bring us in line with our national and international commitments and other Human Rights Acts.
Plain Language
We urge, that a "plain language" Human Rights Act be made available so that its basic provisions are clear to all Islanders. We would like to see a Human Rights Act that can be understood by everyone. Language is meant to communicate. Too often, unfortunately, its effect is to intimidate, to obscure, or to confuse. While we recognize that precise language is critical to the wording of legislation, few of our citizens have the training to decipher the legal language in which most legislation is couched. The Human Rights Act could be put in much simpler language, once the legal definitions are supplied at the beginning of the document. We feel that the PEI Human Rights Act should be accessible to all. Given the varying literacy levels in Prince Edward Island, part of the expanded educational mandate that we are recommending for the Human Rights Commission should include developing tools to help all Islanders understand their rights and privileges. A look at the model used by the Saskatchewan Human Rights Commission on their internet page can be particularly instructive.
Conclusion
Equality for all. Justice for all. These are hallmarks of a free society. The Human Rights Act is a blueprint by which we strive to achieve them. That is why the task of amending this legislation is so vitally important -- and so potentially rewarding.
We wish to thank the Standing Committee for listening to our submission. We have made several recommendations for you to consider. We would be quite prepared to answer any questions that committee members may have in regards to points we have raised in this Brief. Thank you for your time.
© 1998 Institute of Island Studies
Institute of Island Studies