Is the Government of Canada, Province of Alberta and the Workers Compensation Board of Alberta Guilty of Violations?
Canadian Charter of Rights:
8. Everyone has the right to be secure against unreasonable search or seizure.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
15.
(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as
its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
32.(1) This Charter applies: (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province
North American Agreement on Labour Cooperation (NAALC)
PREAMBLE
The Government of Canada, the Government of the United Mexican States and the Government of the United States of America: RECALLING their resolve in the North American Free Trade Agreement (NAFTA) to:
protect, enhance and enforce basic workers' rights;
Article 5: Procedural Guarantees
1. Each Party shall ensure that its administrative, quasi-judicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that:
(a) such proceedings comply with due process of law;
Article 49: Definitions
1. For purposes of this Agreement:
A Party has not failed to "effectively enforce its occupational safety and health, child labor or minimum wage technical labor standards" or comply with Article 3(1) in a particular case where the action or inaction by agencies or officials of that Party:
(a) reflects a reasonable exercise of the agency's or the official's discretion with respect to investigatory, prosecutorial, regulatory or compliance matters; or
(b) results from bona fide decisions to allocate resources to enforcement in respect of other labor matters determined to have higher priorities;
"labor law" means laws and regulations, or provisions thereof, that are directly related to:
j) Compensation in cases of occupational injuries and illnesses
ANNEX 1
LABOR PRINCIPLES
4. Prohibition of forced labor
The prohibition and suppression of all forms of forced or compulsory labor, except for types of compulsory work generally considered acceptable by the Parties, such as compulsory military service, certain civic obligations, prison labor not for private purposes and work exacted in cases of emergency.
7. Elimination of employment discrimination
Elimination of employment discrimination on such grounds as race, religion, age, sex or other grounds, subject to certain reasonable exceptions, such as, where applicable, bona fide occupational requirements or qualifications and established practices or rules governing retirement ages, and special measures of protection or assistance for particular groups designed to take into account the effects of discrimination.
10. Compensation in cases of occupational injuries and illnesses
The establishment of a system providing benefits and compensation to workers or their dependents in cases of occupational injuries, accidents or fatalities arising out of, linked with or occuring in the course of employment.
8. Everyone has the right to be secure against unreasonable search or seizure.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
15.
(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as
its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
32.(1) This Charter applies: (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province
North American Agreement on Labour Cooperation (NAALC)
PREAMBLE
The Government of Canada, the Government of the United Mexican States and the Government of the United States of America: RECALLING their resolve in the North American Free Trade Agreement (NAFTA) to:
protect, enhance and enforce basic workers' rights;
Article 5: Procedural Guarantees
1. Each Party shall ensure that its administrative, quasi-judicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that:
(a) such proceedings comply with due process of law;
Article 49: Definitions
1. For purposes of this Agreement:
A Party has not failed to "effectively enforce its occupational safety and health, child labor or minimum wage technical labor standards" or comply with Article 3(1) in a particular case where the action or inaction by agencies or officials of that Party:
(a) reflects a reasonable exercise of the agency's or the official's discretion with respect to investigatory, prosecutorial, regulatory or compliance matters; or
(b) results from bona fide decisions to allocate resources to enforcement in respect of other labor matters determined to have higher priorities;
"labor law" means laws and regulations, or provisions thereof, that are directly related to:
j) Compensation in cases of occupational injuries and illnesses
ANNEX 1
LABOR PRINCIPLES
4. Prohibition of forced labor
The prohibition and suppression of all forms of forced or compulsory labor, except for types of compulsory work generally considered acceptable by the Parties, such as compulsory military service, certain civic obligations, prison labor not for private purposes and work exacted in cases of emergency.
7. Elimination of employment discrimination
Elimination of employment discrimination on such grounds as race, religion, age, sex or other grounds, subject to certain reasonable exceptions, such as, where applicable, bona fide occupational requirements or qualifications and established practices or rules governing retirement ages, and special measures of protection or assistance for particular groups designed to take into account the effects of discrimination.
10. Compensation in cases of occupational injuries and illnesses
The establishment of a system providing benefits and compensation to workers or their dependents in cases of occupational injuries, accidents or fatalities arising out of, linked with or occuring in the course of employment.
posted by k.w.m at
4:51 PM
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