Employment Equity in Canada: The Legacy of the Abella Report
Subyek
: Discrimination in employment, Discrimination in
employment – Law and legislation – Canada,Royal Commission on
Equality in Employment, Employment Equity Act
Penerbit
: University of Toronto Press
Ringkasan :The Abella Royal Commission was struck in June 1983 at a time when
Canadian society and politics were embroiled in struggles surrounding
social justice and inequality. The era of the 1970s through the mid-
1980s was marked by activism by advocates for women, racialized groups,
persons with disabilities, and Aboriginal peoples who were organizing
politically and raising demands that the inequality they experienced be
addressed. In 1982 Canada’s Charter of Rights and Freedoms was adopted,
infl uenced by a remarkable grass roots campaign by women across
Canada to ensure that gender equality rights would be protected. The
three major political parties adopted equity measures that resulted in an
increase in the number of women elected to Parliament, and women’s
voices began to matter in the politics of the time ( Harder 2006 , 68–70).
By the mid-1980s there had been nearly two decades of experience
with human rights processes marked by signifi cant decisions of courts,
tribunals, and arbitrators, which set out workers’ rights and clarifi ed
employers’ responsibilities for discriminatory acts in the workplace. Yet
the human rights system placed the burden of change largely on individual
survivors of discrimination, leaving in place the structures and systems
that excluded and marginalized them. While human rights codes
and the Charter of Rights permitted employers to undertake voluntary
affi rmative action, very few did.
Demands for a proactive and mandatory approach to addressing workplace
inequality found a response from the Liberal government of Pierre
Trudeau with the announcement of the Royal Commission on Equality
in Employment and the appointment of Judge Abella, then of the
Ontario Provincial Court, as sole commissioner. Her terms of reference
were “to inquire into the most effi cient, effective and equitable means of promoting employment opportunities, eliminating systemic discrimination
and assisting all individuals to compete for employment opportunities
on an equal basis” ( Abella 1984 , ii). Only sixteen months after the
commission was announced, Judge Abella tabled her landmark report. It
was supported by extensive public consultations across Canada and by a
separate volume of thirty-four research reports by experts whose names
are still identifi ed with path-breaking work on workplace equality.
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