Sex Discrimination in Canada: Issues, Theories, and Cases

This report discusses the issue of sex discrimination in Canada, including its legal framework, theories, and cases. It highlights the severity of the problem and the need for a change in societal mentality. The report also covers the different approaches to sexual discrimination, such as the offence against dignity, health and safety in the workplace, and discrimination based on sex. It also mentions the different cases filed against sex discrimination in Canada and the rules implemented to address the issue. The report concludes that a change in mentality is required to curb this issue.

Running head: SOCIOLOGY
SEX DISCRIMINATION
Name of the student
Name of the university
Author note

1SOCIOLOGY
Table of Contents
Introduction:...............................................................................................................................2
Discussion:.................................................................................................................................2
Conclusion:................................................................................................................................7
Reference:..................................................................................................................................8

2SOCIOLOGY
Introduction:
It is the basic principal right of the individual to be treated equally. This right has
been ensured by the human rights also. However, when a person has been discriminated due
to his or her sexuality, such discrimination could be regarded as sexual discrimination. The
matter related to the sexual discrimination is an illegal process and according to the Universal
Declaration of human Rights, every person should have equal rights and they will not be
treated differently in respect of their sex, caste, creed or anything else. Certain legislations
have also been implemented for abolishing sexual harassment from the society and from the
employment. This practice has infected the society to certain greater extent and there are
certain cases where the court has pronounced necessary judgments. However, it has been
observed that the application of this act has not been resolved. Certain researches have been
made upon this matter and certain theories have been generated thereto. This report is going
to deal with all such theories and certain cases have been mentioned in the report to
understand the perspective of this social ill.
Discussion:
In Canada, sexual discrimination has become a serious social issue and certain steps
have been taken by the government to curb the application of this heinous crime whether in
the society or in the workplaces. Certain prohibitions have been provided under section 6 of
the Manitoba Human Rights Act. However, certain recommendations have been made by the
court in the case of Janzen v Platy Enterprises Ltd [1989] 59 D.L.R. 352. In Canada, there are
certain constitutional and statutory prohibitions on the sexual harassment or the sex
discrimination. Canada’s constitution has made certain provisions for the maintenance of
equal rights and opportunities for the citizen and in this regard, certain Charter of Rights has
been inserted in the constitution under Canada Act 1982. It has been mentioned under section

3SOCIOLOGY
5 of the charter that every citizen will get equal democratic rights and opportunities in every
sphere of his life. Law protects those rights and the infringing party has to face penal
provisions. The rule regarding the sexual harassment has been ruled out by the Canadian
Supreme Court in the case of Andrews v Law Society of British Columbia 1 S.C.R. 143
(1989). A specific definition has been given in this case where the Supreme Court has stated
that discrimination shows certain distinctions relating to the personal characteristics, it
imposed certain additional social burdens on the discriminated persons, and they are
disadvantaged socially. Considering the statement, it can be stated that discrimination is a
social issue. However, certain justifications have been given by the Canadian Supreme Court
in the case of Stoffman v Vancouver General Hospital (1990) 3 S.C.R. 483, where certain
limitations have been imposed by the Supreme Court on the action of the government on the
sex discrimination.
There are various theories that has made attempts to discuss the scope and application
of sexual harassment from different perspectives. Further, it helps to identify the
effectiveness of this social crime invariably. According to the researches made on this topic,
it can be stated that there are three theories mentioned in general regarding the sex
discrimination such as:
 Offence against dignity;
 Issue of health and safety in the workplace;
 Discrimination based on sex
In Canada, sexual discrimination is an offence and it has been taken into place at a stretch. In
every sphere of the social life, certain people have to face sexual distinction and it creates
harmful impression on the societal life of Canada. The Human Rights Commission has made
allegations that complaints are generated from both the federal and provincial level. The

4SOCIOLOGY
Angus Reid Institute has made a public interest research in 2016 where it has been mentioned
that the women are facing severe sexual harassment in the society as well as in the
workplaces. Certain policies have been adopted from United Nations’ Declaration of the
Elimination of Violence against Women, where certain voice has been raised against violation
to women. According to Policy on preventing sexual and gender-based harassment (2013),
negative attitude is reflecting against the women and according to this policy, sexual
discrimination is a direct offence against the dignity of a human individual. Further,
according to the information derived from National Household Survey (2011), it has been
observed that the provision of the Human Rights Code is infringed most of the time and
society has been affected by this mentality.
According to a National Report published in the year 2014, it has been shown that
sexual harassment in the workplace has become daily incidence in Canada. Further, it has
been observed that the provisions of the Employment Standard Act 2000 has provided certain
grounds so that every employee could get equal opportunity in the work place and therefore,
they should not be deprived of their employment rights. However, in reality, separate
ideology can be observed. The provision regarding the workplace harassment has been
codified through the case of Janzen v Platy Enterprises Ltd. in this case; workplace
harassment has been regarded as illegal practice. In Canada, the principal legislative approach
regarding workplace prohibition is the Canadian Human Rights Act. According to section 7
of the Act, there are two situations where the employees have to face sexual harassment
during the employment such (i) at the time of appointment, and (ii) during the course of
employment. Further provisions have been mentioned in the Canadian Labour Code.
According to section 17 of the Act, it is the fundamental rights of the employees to get sexual
discrimination free atmosphere. Further, certain duties have been imposed on the employers
so that they could all the necessary efforts against the allegations regarding the sexual

5SOCIOLOGY
harassment. The Canadian human rights maintain certain preferential status and there are
certain obligations mentioned in this provision. Such obligations have been pointed out in the
case of Action travail des femmes v. CN 40 D.L.R.4th 193 (Can. 1987).
According to the contentions of the third approach or theory, sexual discrimination
always shows certain gender-based approach and most of the time, it has been observed that
the women of the society are affected by such discrimination. Canada is not an exception to
this general rule and it has been observed that the women of the country have to face various
types of discrimination both in the society and in the employment area. According to
Elizabeth Meyer, the behavioural approach made in this case reflects the conventional
heterosexual gender norms. No specific definition of the gender identity has been given the
Code. However, it has been mentioned in the case of Demars v. Brampton Youth Hockey
Association (2011), most of the women in Canada are facing gender discrimination and acts
received from the male employees attempt to outrage their modesty. In the words of
Stockdale (1999), inappropriate behaviour is a device to keep up a manly order that prizes
men who have the essential manly attributes. Ladies are stuck a twofold predicament in
circumstances controlled by men with an inclination to bother. In the event that they
endeavour to break customary female sexual orientation parts, for example, entering
generally male occupations, they might be focused for provocation as methods for
prevention. In the event that they comply with conventional well-mannered sex parts, for
example, dressing in well-mannered ways or involving generally female employments, they
may summon sexual consideration, which shifts consideration from their specialist status to a
sexual companion status. Both types of badgering against women serve to keep up business
as usual of male strength.
There are certain cases filed against the sex discrimination in Canada and many rules
have been implemented regarding the issue. It has been observed in Shaw v Levac Supply Ltd.

6SOCIOLOGY
(1990) that negative comments against the physical appearance could be treated as sexual
discrimination. Further, it has been held that if the comments of the co-worker are to identify
the physical unattractiveness of the women, this could lead to the sexual discrimination.
Further, in Fornwald v. Astrographic Industries Ltd. (1996), it has been observed that if any
comments of the co-worker attempt to disregard the modesty of any woman worker, this
could also fall within the purview of the sexual discrimination approach. There are certain
perspectives where the women are adjudged for their behaviour and it has been held in Farris
v. Staubach Ontario Inc., 2011 that no woman employee could be treated indifferently for
their attitudes. Sex discrimination is a burning topic in Canada and it has been observed in
many cases that most of the women are facing serious sexual harassment at their workplace
and this has created serious social implication. It has been observed in the case of Sanchez v.
City of Miami Beach, 720 F. Supp. 974 (S.D. Fla. 1989) that the female police officers are
also have to face serious sexual comments and attitudes from their male colleagues. Further,
according to the National Report on Human Rights, men has also have to face sexual
harassment for their behaviour in Canada. In Shroff v. Tipco 2009 HRTO 1405, it has been
observed that if any man has to hear obnoxious comments for his lifestyle or choices, it
would lead to sexual harassment. Therefore, it can be stated that sex discrimination has
become a serious social issue in Canada.
However, certain weak points can be observed in the early doctrinal jurisprudence in
Canada regarding sex discrimination. At the very inception, the Canadian courts are
concentrating on whether sexual harassment forms part of the provisions of the sex
discrimination as mentioned in various human rights code. Certain rules regarding the
workplace harassment has been observed in the Bell v Ladas 27 L.A.C.2d 227 C.H.R.R. 1980.
The main root cause for sexual discrimination has been engraved in the culture of Canada.
Several legislations are there to defend the grounds; however, change is required to be made

7SOCIOLOGY
in the mentality of the society. In case of maintaining healthy social relationship, the principle
of equity and equality is required to be maintained between both the men and women.
However, in Canada, a gender gap can be observed between different classes of the society.
According to the report made by Society for Human Resource Management, the women in
the society are facing great dilemma regarding the sex discrimination and the ratio is growing
in nature. According to Foster and Jacobs (2017), affirmative action and equal payment
process are required to be generated to manage the diversity and competing equalities is the
prime agenda for the Canadian workplace to maintain equality regarding the sex
discrimination. Barak (2016) has provided certain global context to deal with the problem and
he has concentrated over the theoretical perspective to handle the problems regarding the
sexual harassment. Further, Wathen et al., 2018 has stated that sexual harassment has
increased the cases of domestic violation and it is required to take all the possible steps to
curb this social curse.
Conclusion:
To conclude, it can be stated that issues related to the sex discrimination has become
an important topic in the society of Canada. Further, it has been observed that certain classes
of people have to face serious discriminatory statement in the society or in the employment.
Ample of cases have identified the severity of the offence. Number of legislations has been
implemented in this effect. However, a change in the mentality is required to curb this issue.

8SOCIOLOGY
Reference:
Action travail des femmes v. CN 40 D.L.R.4th 193 (Can. 1987)
Andrews v Law Society of British Columbia 1 S.C.R. 143 (1989)
Barak, M. E. M. (2016). Managing diversity: Toward a globally inclusive workplace. Sage
Publications.
Bell v Ladas 27 L.A.C.2d 227 C.H.R.R. 1980
Canada Act 1982
Demars v. Brampton Youth Hockey Association (2011)
Employment Standard Act 2000
Farris v. Staubach Ontario Inc., 2011
Fornwald v. Astrographic Industries Ltd. (1996)
Foster, L. P., & Jacobs, L. (2017). Inclusive Workplace Practice in Canada: Competing
Equalities in an Industrial-Mobile Society.
Janzen v Platy Enterprises Ltd [1989] 59 D.L.R. 352
Ozeren, E. (2014). Sexual orientation discrimination in the workplace: A systematic review
of literature. Procedia-Social and Behavioral Sciences, 109, 1203-1215.
Sanchez v. City of Miami Beach, 720 F. Supp. 974 (S.D. Fla. 1989)
Sargeant, M. (2016). Age discrimination in employment. Routledge.
Shaw v Levac Supply Ltd. (1990)
Shroff v. Tipco 2009 HRTO 1405

9SOCIOLOGY
Stockdale, M. S., Visio, M., & Batra, L. (1999). The sexual harassment of men: Evidence for
a broader theory of sexual harassment and sex discrimination. Psychology, Public
Policy, and Law, 5(3), 630.
Stoffman v Vancouver General Hospital (1990) 3 S.C.R. 483
Wathen, C. N., MacGregor, J. C., Tanaka, M., & MacQuarrie, B. J. (2018). The impact of
intimate partner violence on the health and work of gender and sexual minorities in
Canada. International journal of public health, 1-11.

10SOCIOLOGY