By: Jennifer Koshan
PDF Version: Age Discrimination and Ameliorative Program Protections to be Broadened Under Alberta Human Rights Act
Legislation Commented On: Bill 23, An Act to Amend the Alberta Human Rights Act
On November 1, 2017, Bill 23, An Act to Amend the Alberta Human Rights Act, had first reading in the Alberta Legislature. As I noted in a post in February 2017, Bill 23 was spurred by a Charter challenge commenced by elder advocate Ruth Adria. She argued that the exclusion of protections against age discrimination in respect of services available to the public and tenancies in sections 4 and 5 of the Alberta Human Rights Act, RSA 2000, c A-25.5 (AHRA), violated her constitutional equality rights. The Alberta government did not fight the challenge, and consented to an order requiring age discrimination to be added to the AHRA by January 2018. The government then undertook consultations on the apparently thorny issue of how the amendments would affect adult-only condominiums, cooperatives, and apartments. Bill 23 attempts a compromise, and if passed, it will allow some exceptions to the new prohibitions against age discrimination in this context. But there are apparent gaps and uncertainties in the Bill that the government may wish to address, as I will elaborate upon here. Bill 23 will also add to the AHRA a new provision, section 10.1, protecting ameliorative policies and programs, which also merits some commentary.