Canada: Human Rights Claims (Part 6 Of 6)

Discrimination Defined

Discrimination is a "distinction, whether intentional or not, but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individuals or groups, not imposed on others."1 Such burdens "withhold or limit access to opportunities, benefits and advantages available to other members of society.2


Section 5 of the Human Rights Code (the "Code") provides that every person has a right to equal treatment with respect to employment without discrimination on the following grounds: