In December’s issue we discussed the Human Rights legislation in Alberta. Specifically, while it has been 10 years since the Vriend decision was handed down from the Supreme Court regarding sexual orientation, the Alberta Government has yet to make any changes to the Human Rights, Citizenship and Multiculturalism Act. In practice the government is supportive of GLBT rights, but there has been concern over the length of time it has taken to update the Act; with some members of the Opposition suggesting the government is dragging its heels. At the time, we were unable to contact the minister responsible to get his side of the issue in time for press. Thus, GayCalgary and Edmonton Magazine arranged a follow-up interview.
When Lindsay Blackett took on the role of Minister of Culture and Community Spirit in March of 2008, he decided to take a comprehensive review of the whole Human Rights Commission, and from this review, create a list of potential legislative changes to the Act. “This hasn’t been looked at in a long, long time and it’s something I take very seriously,” Minister Blackett told GayCalgary and Edmonton Magazine.
“I want to make sure that we have a chance to talk to as many different groups – potential stakeholders with respect to the Human Rights Commission – and come up with some proposals for some potential administrative process changes, and if I can get approval from my caucus, potential legislative changes. Sexual orientation is one of those (changes). The next time there is an opening of the legislation, that (topic) should be included as a consideration. I don’t think there’s anybody that would have any issue with doing that. I understand the frustration from the Gay and Lesbian community, from waiting ten years and nothing has happened. I’m not trying to dodge them.”
The Minister added that they are looking at every aspect, from “what happens when a person shows up and tries to lodge a complaint with the Human Rights Commission – is it dealt with in a timely manner, is there an efficient way we could be doing things, are we dealing with respondents and complainants in an equitable manner?” He hopes when changes are made to the Act and the Commission, it’s done properly; there won’t be any worries about having to revisit it again several times down the road.
This omnibus versus piecemeal approach is important because this act was last reviewed in 1996, and in the last 12 years there have been major changes in society, let alone the GBLT community. Furthermore, the Act and the Commission doesn’t just deal with GBLT rights alone: the majority of cases before the commission are employment issues; for example, issues with drug testing, discrimination, and harassment. Doing a comprehensive review, and then putting legislative changes to the House for its approval would seem the better approach than just looking at one or two items.
“I don’t expect I’d have much success just trying to say I want to open it up once to do one thing, when we all know there’s a lot to be done,” says Minister Blackett. “It will take a bit longer, but hopefully we will get there.” The government has taken legal opinions, opinions from community groups and other stakeholders, and held hearings over the last couple of years. Minister Blackett wants to make sure they are not missing anyone, “because I’d hate to go through this and say, oh, we fixed this for 90% of the people, but we left someone out.”
Some of the current problems of the Commission are also detailed in a recent report from the Sheldon Chumir Foundation for Ethics in Leadership. The report Toward Equal Opportunity for all Albertans: Recommendations for the Improvement of the Alberta Human Rights Commission is blunt in its criticism:
As matters stand today, the Alberta Human Rights Commission suffers from low-morale and an “under siege” mentality. Combined with its inadequate resources and lack of political support, this organizational “culture” prevents the Commission from doing its job properly. Many people at our community consultations gave examples of how user unfriendly the Commission is…Many have detailed how difficult it was for them to communicate with the Commission, either because office hours were limited or inconvenient or because the distances required to travel to visit the Commission were too great. Many reports from the public support the impression of the Commission not as a resource to which people can turn for help and sympathy when they feel their dignity has been wounded by discrimination, but as an almost adversarial agency looking for reasons to refuse assistance.

This and other problems listed in the report certainly speak of an organization in need of improvement. Kelly Ernst, Senior Program Director of the Sheldon Chumir Foundation for Ethics in Leadership says that besides including sexual orientation (something of which Minister Blackett is on record stating he wants in the legislation), “…the real big thing is to ensure its independence. …The report recommends that the Commission reports to the legislature as opposed to the minister” – or, if not the legislature, at least the Justice Minister. The report also recommends including Aboriginal heritage, and making access to the Commission easier. “We also know that the Minister has been on record saying that 80-90% of the recommendations that are in the report, he supports.”
In the meantime, Minister Blackett welcomes any feedback: “I am always open for suggestions – if people have any suggestions we might have overlooked or that we should keep in mind, they can certainly contact our office and send a letter or email in, and we’ll take a look at it.” Mr. Ernst concurs that doing so will speed up the whole process, and make the government aware that this is urgently important to Albertans.
While we hold our breath and wait, I’d advise we take Minister Blackett on his word, send him any suggestions, thank him, encourage him, and maybe silently hope we return to the spirit of the Lougheed years when Alberta took the lead on Human Rights.
Lindsay Blackett
Minister of Culture and Community Spirit
Phone: (403) 216-5444
Fax: (403) 216-5442
calgary.northwest@assembly.ab.ca
The Sheldon Chumir Foundation Report on the Web:
http://www.chumirethicsfoundation.ca/main/page.php?page_id=175