Winter 2007 Title IX 85
separate jurisdiction over the cases that arise therefrom.
182
The Canadian HRA only applies to individuals working for
either the federal government or a private company regulated
by the federal government.
183
It also applies to anyone who
receives goods and services from any of those sectors.
184
Similarly, each province has its own human rights law, usually
called a code or an act (or, in Quebec, a charter), that covers
other types of organizations not included under federal
legislation.
185
For instance, schools, retail stores, restaurants,
and most factories are covered by provincial human rights
law, as are provincial governments themselves.
186
Unlike the broadly differing views in the United States
regarding the proper Congressional intent and interpretation of
American civil rights legislation,
187
Canadian judicial
decisions have firmly established a broad interpretation of
human rights legislation.
188
The reasoning behind this broad
application may lie in the constitutional or quasi-constitutional
nature of the legislation. For example, in the case of Ontario
Human Rights Commission and O’Malley v. Simpson-Sears
182
United Nations Association in Canada, Canada and Human Rights
Website, http://unac.org/rights/actguide/canada.html (last visited Oct. 11,
2005) [hereinafter Canada and Human Rights website].
183
Id. See Commission website, supra note 178, for a detailed list of
entities governed by the federal HRA. Thus, cases against schools would
fall under the jurisdiction of provincial human rights laws. Id.
184
See Canada and Human Rights website, supra note 182.
185
Id. See, e.g., Ontario Human Rights Code, R.S.O. 1990, c. H.19. Each
province, in addition to the federal Canadian government, also operates a
website that, in general, explains in layperson terms the individual Human
Rights Codes, the rights governed by them, and how to lodge an individual
complaint if rights have been violated. See, e.g., The Ontario Human
Rights Commission website, at http://www.ohrc.on.ca/english/code/
index.shtml (last visited Feb. 3, 2006).
186
See Canada and Human Rights website, supra note 182.
187
For differing views on the construction of protections offered under
civil rights law (specifically Title IX) in the United States, one only need
look to the majority and dissent decisions in Gebser, 524 U.S. 274 or Davis
v. Monroe County Bd. of Ed., 526 U.S. 629 (1999).
188
See, e.g., Beverley McLachlin, Introduction to the 1999 Legal Report,
available at http://www.chrc-ccdp.ca/publications/1999_lr/introduction-
en.asp (last visited Oct. 12, 2006). Ms. McLachlin is the Chief Justice of
the Supreme Court of Canada.