LAW 3509 Equality Law | Issue Related to Racial Inequality

Including the institutions that characterize Canada as having a Western Liberal Capitalist Democratic regime Shape what options are available to us at any given moment in time, as well as which course of action is more likely to be followed. Racial inequality is present in many aspects of daily life in Canada. Consider one of the major institutions of the Canadian regime. How has that institution shaped Canada’s response to this issue?

Answer:

Introduction

It is quite unfortunate in the twenty first century that people of Canada face issue related to racial inequality and it leaves negative impact on society. However, the thesis statement of study is to analyse the judiciary response from Canadian Regime related to the issue of racial inequality. The racial inequality refers to the social advantage and the disparities that directly affect the different races, where there are manifestations with proper distribution of wealth, power and the opportunities in life. The results are of the historic oppression, with inequality of inheritance and the prejudice which is found to be against the set of minority groups. The social science includes the wider range of the racial disparities in wealth, rate of poverty and the housing patterns that leads to handling the incarceration rates.

Response of Judiciary to issue related to racial inequality

As per the report of The Star, it is seen that around 32% Canadian people believe that racism has become a significant problem in the present era. It is observed that Racialized Canadian people earn around $30385 in a year, where as other people earn around $37332 (thestar.com, 2012). In this context, Judiciary has tried to analyse the above-mentioned issue and develop effective law in order to solve the above mention situation in an appropriate manner.

For example, in case of E.T. v Dress Code Express Inc., 2017 HRTO 595, it is monitored that the case is about sexual harassment faced by applicant. Tribunal has found out that applicant expressed that she never engages with black people for sexual purpose and as a result, she has faced racial and sexual harassment. It is the violation of Refuge and Immigration Protection Act. In this case, Judiciary or Tribunal has order to provide $15000compensation for this harassment. In addition to this, Judiciary has tried to develop effective law for reducing the above-mentioned issue (hrlsc.on.ca, 2017). In context of the racial inequality, judicial authority of Canada has tried to reduce harassment by developing policy related to harassment. They also focus on the discrimination in payment in workplace for decreasing issuer related to it (Malcolmson, Myers, Baier & Bateman, 2016).

On the other hand, Vergari (2016) stated that if Judiciary board is able to create effective punishment for racial inequality, it can develop the status of society in contemporary market. Based on the report of Walrus, it has been noticed that around 54% students of black complexion of Canada have stated that they do not get attention from their teachers. As a result, they are unable to receive proper education from the institution (thewalrus.ca, 2017). As per the judiciary institution of Canadian Regime, Anti Racism Act 2017 has been developed and it assures that if people are victim of racial harassment, convict will be punished. Therefore, it can decrease issue related to racial inequality (ontario.ca, 2017).

For instance, in case of Lawyer Selwyn Pieters, it has been found that membership of Law Association is made up based on the color, race and religion. Therefore, lawyer has filled complaint against Human Rights Act and Judiciary board rules that membership will be provided based on the experience and qualification (thestar.com, 2010). It cannot focus on the racism or religion. Therefore, Judiciary Institution of Canadian Regime is able to remove issue related to racial inequality.

In order to analyze the response of Judiciary institution, Bayer, Fang & McMillan (2014) commented that based on the cases, Supreme Court approves law as applies it in the country. Though in Canada, around 54% people are victim of racial inequality, the percentage has been decreased by taking effective steps like providing punishment. On the contrary, Ramraj et al. (2016) mentioned that Judiciary board tries to make effective steps as the concept of racism can been removed from society. In this context, they develop different legislation like Anti Racial Act 2017, Human Rights Act for getting effective outcome.  

Conclusion  

The entire study has focused on the issue of racism along with the steps, which is taken by Judiciary of Canadian Regime. Hence, different issues have been analysed along judiciary decision. It is seen that black students do not get attention from teachers. On the other hand, black lawyers do not get membership of law association. In addition to this, remuneration of black people lowers that other Canadian people. Therefore, the steps taken by Judiciary are described thoroughly throughout the study. Thus, thesis statement of study has been met in appropriate manner.

References         

Bayer, P., Fang, H., & McMillan, R. (2014). Separate when equal? Racial inequality and residential segregation. Journal of Urban Economics, 82, 32-48. Retrieved from: https://dukespace.lib.duke.edu/dspace/bitstream/handle/10161/2037/Bayer_seperate_when_equal.pdf?sequence=1

hrlsc.on.ca (2017), E.T. v Dress Code Express Inc., 2017 HRTO 595, Retrieved from: https://www.hrlsc.on.ca/en/human-rights-stories/Cases-decided-at-hearing

Malcolmson, P., Myers, R., Baier, G., & Bateman, T. (2016). The Canadian regime: An introduction to parliamentary government in Canada. Toronto: University of Toronto Press.

ontario.ca (2017), Anti Racial Act 2017, Retrieved from: https://www.ontario.ca/laws/statute/17a15

Ramraj, C., Shahidi, F. V., Darity Jr, W., Kawachi, I., Zuberi, D., & Siddiqi, A. (2016). Equally inequitable? A cross-national comparative study of racial health inequalities in the United States and Canada. Social Science & Medicine, 161, 19-26. Retrieved from: https://www.researchgate.net/profile/William_Darity/publication/303692812_Equally_Inequitable_A_Cross-National_Comparative_Study_of_Racial_Health_Inequalities_in_the_United_States_and_Canada/links/574dd90908aec988526bc1d6.pdf

thestar.com (2010), Lawyer wins racial Discrimination Act 2010, Retrieved from: https://www.thestar.com/news/gta/2010/12/06/lawyer_wins_racial_discrimination_case.html

thestar.com (2012), The Persistence of racial Inequality in Canada, Retrieved from: https://www.thestar.com/opinion/editorialopinion/2012/03/20/the_persistence_of_racial_inequality_in_canada.html

thewalrus.ca (2017), Canadian Education is steeped in Anti Black Racism, Retrieved from: https://thewalrus.ca/canadian-education-is-steeped-in-anti-black-racism/

Vergari, S. (2016). Liberal Education, Civic Education, and the Canadian Regime: Past Principles and Present Challenges David W. Livingstone, ed. Montreal and Kingston: McGill-Queen's University Press, 2015, pp. 301. Canadian Journal of Political Science/Revue canadienne de science politique, 49(3), 596-597. Retrieved from: https://bit.ly/2IxRgx1