Hearing Racial Slur in Song Lyrics Not Prohibited Discrimination: BCHRT

Is hearing music that contains a racial slur, playing in a retail establishment, sufficient to establish discrimination under section 8 of the British Columbia Human Rights Code.

In a 2018 decision of the BC Human Rights Tribunal, Redmond v. Hollywood Boutique, 2018 BCHRT 121, the answer was “no”.

Refusal to Hire Foreigners in Order to Keep the “White Man Working” both Morally Repugnant and Illegally Racist

(c) istock/numismarty

Is it “illegal” to refuse to hire an immigrant simply because he is a “foreigner”? Of course it is. That question should be an absurd way to start a post on a blog about Ontario employment law. And yet, here I am.

Since the election of Donald Trump as the president-elect of the United States, there has at least been a perception of an increase, if not an actual increase, in the number of hateful acts being perpetuated on both sides of the border. Many point to Trump’s election as a form of license to engage in such shameful, ignorant behaviour.

Typically, racism in the employment world has been more subtle. Systemic preferences have yielded predictable but less overt results.

Sometimes, however, racist motivations are patent and obvious. The case of Bouraoui v. Ottawa Valley Cleaning and Restoration, 2014 HRTO 1303 is the quintessential archetype of overt, unabashed racism in employment. I highlight this case at this time for three reasons:

1. I feel it important that Canadians stop lauding themselves as somehow above racist tendencies and address the systemic barriers in our own employment practices;
2. I feel it important to remind Canadians that the election of Donald Trump did not suddenly create racism; and
3. I feel it important to remind those who believe that they may now be permitted to engage in such ignorant behaviour that Ontario’s laws will not condone such actions. Period.