Every person possesses characteristics that form the core of who they are. Some of these characteristics are immutable, meaning they cannot be changed. Others reflect deeply held beliefs, personal choices fundamental to human dignity, or circumstances that society has historically used as grounds for exclusion and unfair treatment. Canadian human rights law identifies these characteristics as protected grounds, and understanding what they are and why they exist is essential for anyone who operates a business, runs a non-profit organization, or provides services to the public anywhere in this country.
The concept of protected grounds emerges from a recognition that discrimination does not happen in the abstract. When a person is denied a job, refused housing, or treated poorly while receiving a service, the unfair treatment is almost always connected to something about who that person is. It might be their race, their religion, their age, their disability, or any number of other personal characteristics. Canadian lawmakers, building on constitutional principles and international human rights commitments, have determined that certain characteristics deserve explicit legal protection because of their connection to human dignity, their historical association with marginalization, and the significant harm that flows from discrimination based on these grounds.
The foundation for protected grounds in Canadian law rests on both constitutional and statutory frameworks. The Canadian Charter of Rights and Freedoms, as part of the Constitution Act of 1982, guarantees equality rights to all individuals and specifically prohibits discrimination based on race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability. The Charter, however, primarily governs the relationship between individuals and government. For everyday interactions involving private businesses, workplaces, and services, the relevant frameworks are the human rights statutes enacted by each province and territory, as well as the Canadian Human Rights Act for federally regulated employers and service providers. Each of these statutes sets out a list of protected grounds that applies within that jurisdiction, and while there is substantial overlap across the country, important differences exist that anyone operating in multiple provinces must understand.