News Release Archive
HUMAN RIGHTS COMMISSION--NEW EXEMPTION POLICY ----------------------------------------------------------------- The Nova Scotia Human Rights Commission has changed its policy on exemptions. It no longer routinely considers requests for exemptions under Sections 6 and 9 of the Human Rights Act. The commission found that granting such exemptions was no longer feasible or in the public interest. It is the commission's view that the new policy is more in keeping with the concept of equality as defined in both the Charter of Rights and Freedoms and the Human Rights Act, which recognizes that equal treatment does not always lead to true equality. In making the change, the commission considered the policies and practices of other Human Rights Commissions across Canada, most of which do not grant exemptions. Section 6 of the Human Rights act delineates these exceptions; circumstances in which discrimination that would otherwise be prohibited by the act is permissible. For example, it is permissible for non-profit religious organizations to discriminate on the basis of religion in selecting employees, or for retirement and pension plans to discriminate on the basis of age. Most broadly, the Human Rights Act uses the language of the Charter of Rights and Freedoms to allow for laws, programs and activities established to benefit disadvantaged groups, and to recognize that the prohibition against discrimination is subject to reasonable limits, "prescribed by law as can be demonstrably justified in a free and democratic society." In the past, the commission has granted exemptions approving activities which in its view are bona fide and fall within the intentions of Section 6 of the Human Rights Act. This change means the commission will no longer in most circumstances be granting or withholding such exemptions. Mary MacLennan, commission chair said, "Essentially, by this policy change, the commission is giving responsibility back to Nova Scotians to do the right thing. To reflect whether particular activities meet the criteria in the Human Rights Act and the spirit of equality which underlies them, and to act accordingly." Officers of the commission will provide employers and service providers with some general guidance on the principles involved, but the commission will no longer approve their plans in advance. Rather, when the commission receives a complaint about an activity that involves a claim of exemption, it will investigate to determine whether the activity is a bona fide exception to the prohibition against discrimination. If the exception is legitimate, the complaint will be dismissed. Exceptions are still available but the process for dealing with them has changed. The commission will continue to approve, under Section 25 of the Human Rights Act, affirmative action and employment equity programs which systematically work to break down the barriers to full and equitable participation by disadvantaged groups, especially members of visible minorities, aboriginal people, people with disabilities and women. The commission's affirmative action division is available to assist employers and others interested in developing such programs. -30- Contact: Wayne MacKay 902-424-4111 jlw July 15, 1996 6:30 p.m.