A: If you are dealing with the government, the Charter applies. This includes the content of a law, the actions of the police, or the decisions of government agencies.
If you are dealing with an employer, the law that applies depends on whether or not the provincial or federal government regulates your employer. The province regulates most employers so the AHRA usually applies. However, the federal government regulates certain industries including most:
- aviation;
- banking;
- shipping and fisheries;
- the postal service;
- telephone companies;
- television and radio; and
- trains.
In these circumstances, the CHRA applies.
If you are dealing with a landlord, the AHRA applies. Generally, if you are dealing with a business or person providing you goods, services, accommodation, or facilities, the AHRA applies. If the services or goods are federally regulated (see above), the CHRA applies. If you are dealing with a publication such as a magazine or sign, the AHRA usually applies.
If you are dealing with a situation that happened between you and another person that is not covered in the situations listed above, no human rights law may apply to you. For example, if your neighbour makes a sexist comment when you walk by his yard, this likely doesn’t violate any human rights laws. You should contact the human rights commission or a lawyer to see if it is a human rights issue or if you have any other legal options.
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