CIVIL ACTIONS FOR DISCRIMINATION

Abstract

Despite increased concentration on human rights legislation over the past two decades, the author observes that little attention has been given to its administration and enforcement. The article is thus devoted to a discussion of alternative forms of redress for acts of discrimination, and considers whether there is a common law right of action in damages, whether a Canadian court might imply a cause of action from human rights legislation and whether such legislation should be amended to provide this remedy. It concludes with a proposed civil proceedings option, available in a minority of cases at the dissatisfied complainant’s own expense and risk, only after investigation by the Human Rights Commission.