Age Discrimination based on age is still a reality for young and older Canadians. In 1999, the United Nations acknowledged in separate ways the problems faced by both groups. First, it named 1999 as the International Year of Older Persons. It did so to celebrate the contribution older people make to society, and to highlight the challenges created by an aging population. Second, it marked the tenth anniversary of the United Nations Convention on the Rights of the Child. The Convention calls upon signatories to take all necessary action to protect children from economic and other forms of exploitation, ensure that children are protected against all forms of discrimination, and ensure that children with mental or physical disabilities are able to enjoy a "full and decent life, in conditions which ensure dignity, promote self-reliance, and facilitate the child's active participation in the community."
Canada's Aging Population
Canada has one of the world's most rapidly aging populations. It is predicted that by 2020, there will be as many people over 65 as there are children. As our population ages, there will be a greater demand for medication and services such as palliative care and health promotion programs. Public transport and housing will have to be made more accessible, and a significant investment will be needed in home support services.
During the year under review, the National Advisory Council on Aging examined some of these issues in its report, 1999 and Beyond: Challenges of an Aging Canadian Society. The report notes that society is not taking full advantage of the skills of its older members, who are too often judged by their age rather than their abilities.
In a section covering work and retirement, the Council argued that ways must be found to keep older workers in the labour force as long as they are able and prepared to stay. It proposes that, when layoffs occur, all workers regardless of age should have the option of participating in job creation and training programs. It also suggests that employers develop policies that recognize the family responsibilities of employees with dependent older family members.
Canada is not alone in recognizing these issues. A conference on Valuing Older Workers hosted by the New Zealand Human Rights Commission noted that the "retention of productive older workers will not only have significant economic benefits, but will also contribute socially." Similarly, a British study, entitled A Profit Warning: Macroeconomic Costs of Ageism, argued that the failure to recruit and train older workers could lead to problems in meeting the demand for labour.
In general, as the population ages, industry is likely to face tighter labour markets, and older employees will become increasingly important. To meet the challenge, employers will need to develop strategies to ensure the retention and retraining of older workers.
Child Poverty and the Rights of Children
In 1989, the House of Commons unanimously resolved "to seek to achieve the goal of eliminating poverty among Canadian children by the year 2000." In 1999, Campaign 2000, a community-based coalition of groups established to monitor progress on the resolution, issued its annual Report Card on Child Poverty in Canada.
Using Statistics Canada's low-income cutoff data to identify the poorest families, Campaign 2000 presented a less-than-optimistic picture. In 1989, one of every seven children was described as poor, but by 1997 the proportion had risen to one of every five. At the same time, the Report Card noted, poor families were falling deeper into poverty, and the gap between the incomes of poor families and well-off families appeared to have increased.
Clearly the aspirations of Parliament in 1989 are far from being met. While the United Nations Human Development Index for 1999 ranked Canada as the best country in which to live, the United Nations Human Poverty Index for the same year ranked Canada ninth in terms of its treatment of poor people.
On a more positive note, 1999 marked the tenth anniversary of the United Nations Convention on the Rights of the Child, which remains the most widely adopted international human rights instrument. It has now been ratified by every country in the world except Somalia and the United States. Canada has consistently supported the Convention, and was in fact one of the first countries to sign it.
Countries that ratify the Convention agree to submit reports every five years to the United Nations Committee on the Rights of the Child describing their efforts in support of children's rights. The Committee examines the reports submitted by each country, and then issues observations and recommendations for action.
Canada has only reported once, in June 1994. The following June, the United Nations Committee on the Rights of the Child issued its observations on Canada's report. The Committee praised Canada for its general strengthening of human rights, particularly children's rights, through the Charter of Rights and Freedoms and through the adoption of legislative measures in the area of children's rights. At the same time, the Committee expressed concern about the emerging problem of child poverty, especially among vulnerable groups. While recognizing the steps already taken, the Committee noted the special problems still faced by children from disadvantaged groups, such as Aboriginal children, with regard to their rights to housing and education.
Complaints
In 1999, the Commission completed work on 197 complaints of discrimination based on age. Ten cases were settled at mediation, at conciliation, or in the course of investigation. The Commission dismissed 27 cases for lack of evidence, appointed a conciliator in ten cases, and referred five cases to the Canadian Human Rights Tribunal.
Most of the complaints dealt with questions related to employment. In many of them, it is clear that assumptions had been made regarding the abilities of older workers. For example, one case that was settled this year involved a 60-year-old man who had applied for the position of director with a major private-sector corporation. The successful candidate, who was considerably younger, did not meet the minimum requirements of the position. Although the complainant was not interviewed for the job, when he inquired about the rejection of his application, he was told that he lacked "creativity."
In another case, a 54-year-old man's position was abolished by the bank for which he worked. He had more seniority than his younger colleagues, and had received consistently positive job evaluations. After his employment was terminated, the bank hired two people to carry out his duties. The complaint was settled through conciliation, and the man received financial compensation.
Cases like this, which are representative of many similar situations encountered by the Commission, underline the importance under human rights law of judging workers on their performance, not their age.
Age Discrimination Complaint Outcomes for 1999
(number and percentage)
Settled1: 10 (5 %)
Referred to alternate redress mechanisms: 11 (6 %)
Referred to conciliation: 10 (5 %)
Referred to a tribunal: 5 (2 %)
Not dealt with2: 6 (3 %)
Dismissed: 27 (14 %)
No further proceedings3: 11 (6 %)
Discontinued4: 117 (59 %)
Total: 197 (100 %)
1 Cases that were settled before or during investigation, through mediation or at conciliation. 2 Cases that the Commission decided not to pursue because they were filed more than one year after the alleged act of discrimination, or were, technically, without purpose.
3 Cases in which the complainants withdrew or abandoned their complaints, the matters were outside the Commission's jurisdiction, or the complaints did not warrant referral to a tribunal.
4 Cases that were closed prior to investigation because the complainants did not wish to pursue them or because a link could not be established between the alleged act and a prohibited ground of discrimination.
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