Asian Heritage Month: 
What to Do if You Experience Racial Discrimination in Canada

May is Asian Heritage Month in Canada. Asian Heritage Month has been celebrated across Canada since the 1990s. Canada is proud of the contributions that Canadians of Asian descent to the country’s growth and prosperity. Canada has welcomed Asians to our country for over 200 years. The Canadian government views diversity as one of its greatest strengths.

Tragically, Covid-related hate crimes against Asians have been on the rise in North America, and discrimination based on racial grounds remains a global problem. The Guardian reported in May that Vancouver had experienced a 717% increase in anti-Asian hate crimes, which falls part of a recent global pattern in the rise in Anti-Asian discrimination. Woefully, this statistic mentions nothing of racism directed at other Black, Indigenous, or People of Colour (BIPOC) groups globally and within Canadian borders.

What is defined as racial discrimination in Canada?

Racial discrimination in Canada is any discrimination against any individual because of prohibited grounds.  The federal government and each of the provinces define these prohibited grounds somewhat differently, but they are generally similar. In Alberta, the Alberta Human Rights Act states:

No person shall

(a)    deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or

(b)    discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public,

because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons or of any other person or class of persons.

That “it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in: dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation;”

Why does it matter if your racial discrimination complaint is federal or provincial?

If you have been discriminated against while receiving a service from a federal public officer or during employment in a federal organization then your complaint must be filed with the Canadian Human Rights Commission. If not, the complaint must be lodged with the provincial human rights commission in the jurisdiction where the discrimination is alleged to have occurred.

What should I do if I have experienced racial discrimination in Canada?

The course of action you take is dependent on the context of the discrimination. These are various ways you can address racial discrimination in Canada:

1. If your life is in immediate danger, call 9-1-1. If there isn’t an immediate threat of violence, you can still call the police for guidance but be sure to call your local police’s non-emergency number.
2. In the case of harassment, if possible, confront the person who is harassing you and tell them to stop. If their behaviour persists over a period of time, try to keep a written record of what has happened, including names, dates, times, and places. This provides evidence and shows authorities there is a pattern of discrimination/harassment.
3. If you experience racial discrimination in Canada at work, report it to your employer, who should follow your company’s anti-harassment and/or discrimination policy. However, it’s important to bear in mind that a Human Resources Department works for the organization, not its employees. If you belong to a union, you can check to see if they have grievance procedures for dealing with racial discrimination in Canada.
4. If you have been physically or sexually assaulted, you should report it to the police as these are offences that fall under the Criminal Code.
5. In the event that there is no formal body and the relevant authorities do not deal with the situation at hand, you can file a complaint with the Canadian Human Rights Commission (CHRC) or the Alberta Human Rights Commission.

How does the Canadian Human Rights Commission work?

If racial discrimination in Canada is a provincial or territorial matter, you have to go to a provincial or territorial human rights agency. If not, you can file a complaint online with the CHRC. The CHRC will expect you to first try and resolve the issue where it took place, and your complaints will have to meet certain criteria. For example, if your complaint is not lodged within 12 months of its occurrence it is deemed invalid. If the CHRC believes that further investigation is needed, and they cannot come to a resolution, they will refer the case to the Canadian Human Rights Tribunal.

Summary

When it comes to racial discrimination in Canada, you do not need to have legal representation to file a complaint. However, a lawyer can help you build a stronger case and ensure you follow the correct procedures. While it is possible for the Human Rights Legal Support Centre to provide assistance, they cannot provide you with appropriate legal representation.

Fair Legal Workplace Diversity and Anti-Discrimination Policy

The team at Fair Legal does not discriminate in our decision whether to accept a client case. We are committed to providing a workplace that is free from discrimination and harassment. We are proud to defend individuals who face racial discrimination or harassment.

If you are the victim of racial discrimination or harassment, contact Fair Legal to protect your rights and advocate for fair and equal treatment.

Contact us at 1 (403) 239-2249 to schedule a confidential meeting with a member of our legal team.