ARTICLE · 29 FEBRUARY 2016

What Protection Do Employees Have Against Race Discrimination?

Norton Rose Fulbright Canada LLP

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Discrimination in Quebec's labour relations is mainly covered by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms.

CanadaEmployment and HR

Andréane GiguèRe

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Discrimination in Quebec's labour relations is mainly covered by the Canadian Charter of Rights and Freedoms and the Quebec Charter of Human Rights and Freedoms. Both protect an employee from being wronged by his employer based on race or ethnical differences. They offer employees a broad scope of protection namely with regards to hiring, dismissal, apprenticeship and conditions of employment.

As the Canadian Human Rights Tribunal recently reminded, "race discrimination" is subtle and can take various forms. In the light of the foregoing:

"(...) it should be kept in mind that discrimination is not usually practiced overtly or even intentionally. Consequently, direct evidence of discrimination or proof of intent is not required to establish discriminatory practice (...).¹"

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