Promises to Keep 50th Anniversary of the Universal Declaration of Human Rights
Fifty years ago, following the trauma of World War II, the nations of the world came together to declare common principles for protecting "the equal and inalienable rights of all members of the human family." On 10 December 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. To honour the 50th anniversary of that event, the United Nations has made 1998 Human Rights Year. The Universal Declaration has been one of the most influential and impressive documents of our times. It inspired domestic legislation that in Canada includes provincial human rights codes and the Canadian Charter of Rights and Freedoms. It also led to international human rights agreements, such as those relating to racial discrimination; discrimination against women; the rights of the child; and freedom from torture or other cruel, inhuman or degrading treatment. The Universal Declaration sets out many of the rights now echoed in human rights laws and the Charter — for example, fundamental freedoms such as the right to freedom of thought, conscience and religion; anti-discrimination rights; and rights to security of the person and fair treatment by legal authorities. It also addresses freedom from want, the right to work, the right to an adequate standard of living, the right to education, and numerous other civil,		political, economic, social and cultural rights. In this issue of SaskRights, we reproduce the entire text of this powerful and moving document. There has been a significant change in attitudes in Canada and many other parts of the world since the adoption of the Universal Declaration. Today, the respect and promotion of human rights can genuinely be regarded as part of the spirit of the times. But though the 50th anniversary is an occasion for recognizing progress and achievement, it is also a reminder of what is not yet done. In many parts of the world, people do not enjoy the most basic human rights. Even here in Canada, there are many promises to keep before the vision of the Universal Declaration is fully realized. In Human Rights Year, the U.N. Commissioner for Human Rights calls for increased efforts by all nations of the world to make human rights, along with peace, democracy and development, the guiding principles of the twenty-first century. In honour of the 50th anniversary, government agencies and community organizations are planning many special conferences, artistic events, publications and meetings. We encourage you to become involved, or to plan your own celebrations. We will list some upcoming activities in a calendar of 50th anniversary events in future newsletters.
Access of Unionized Employees to Human Rights Hearings
The Saskatchewan Human Rights Commission has appealed a Court of Queen's Bench decision which it believes could have a major impact on the right of unionized workers to complain of employment discrimination under The Saskatchewan Human Rights Code. In January 1998, Cadillac Fairview Corporation Limited obtained an order of prohibition from the Court of Queen's Bench preventing a human rights board of inquiry from hearing the complaints of Shannon Regier and Barbara Joan Wollf. Wollf and Regier allege they were sexually harassed by their supervisor, contrary to section 16(1) of the Code, while working as night cleaners at the Midtown Plaza in Saskatoon. Cadillac Fairview is the owner of the plaza. The Court of Queen's Bench held that Valerie Watson, a board of inquiry appointed under the Code, had no authority to hear the complaints because the collective agreement covering the complainants' working conditions contained non-discrimination clauses incorporating the anti-discrimination prohibitions of the Code into the contract, and because section 25(1) of The Trade Union Act gives labour arbitrators the authority to make final, binding decisions about disputes arising under collective agreements.		In his decision, Justice Grotsky referred to another recent Saskatchewan decision involving unionized employees — Dominion Bridge v. Director, Labour Standards — in which the Court of Queen's Bench held that an adjudicator under The Labour Standards Act had no jurisdiction in a dispute concerning layoff notices, because a labour arbitrator under The Trade Union Act had exclusive jurisdiction to hear and determine the dispute. Justice Grotsky said current judicial opinion is that there should be deference to labour arbitrators, where there is a collective agreement that mandates arbitration. The Commission notes that the complaint process under the Code provides many benefits a labour arbitration does not. For example, a human rights board of inquiry can order remedial programs and compensation for injury to feelings or self-respect. As well, many unions may not have the resources to pursue human rights violations or may choose not to pursue them, for a variety of reasons. The Regier and Wollf case is expected to be heard by the Saskatchewan Court of Appeal in the spring or summer of 1998.
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Promises to Keep Access of Unionized Employees to Human Rights Hearings Universal Declaration of Human Rights pg.1		Universal Declaration of Human Rights pg.2 SHRC Initiates Pay Equity Complaint Commission News