Appended relevant human rights legislation for provinces and jurisdictions.....
The use of "while human rights legislation across the country expressly prohibits discrimination on the basis of sexual orientation..." [Discrimination Concerns in the United Church, Connex, issue 6 p.3] is misleading as all provinces and jurisdictions either specifically exempt religious organizations or provide exemption with "bona fide occupational requirement". Within the context of hiring ministry personnel reference to human rights legislation constitutes disinformation which both intimidates and distorts the issue for most people, as discrimination based on sexual practice is employment discrimination only where policy of the religious body forbids such discrimination.
The Manual [065(b)] provides "justice, which, as a measure of faithfulness, must not only be done but also be seen to be done" leaving question of the justice given the membership in considering this issue.
The United Church of Canada needs to explicitly own responsibility rather than displacing responsibility to the government.
Alberta Human
Rights, Citizenship and Multiculturalism Act
Discrimination re employment practices
7(1) No employer shall
(a) refuse to employ or refuse to continue
to employ any person, or
(b) discriminate against any person with
regard to employment or any term or condition of employment,
because of the race, religious beliefs, colour,
gender, physical disability, mental disability, age, ancestry, place of
origin, marital status, source of income or family status of that person
or of any other person.
(3) Subsection
(1) does not apply with respect to a refusal,
limitation, specification or preference based on a bona fide occupational
requirement.
Reasonable and justifiable contravention
11 A contravention of this Act shall be deemed not to have occurred if
the person who is alleged to have contravened the Act shows that the alleged
contravention was reasonable and justifiable in the circumstances.
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Discrimination in employment
13 (1) A person must not
(a) refuse to employ or refuse to continue
to employ a person, or
(b) discriminate against a person regarding
employment or any term or condition of employment
because of the race, colour, ancestry, place of origin, political belief,
religion, marital status, family status, physical or mental disability,
sex, sexual orientation or age of that person or because that person has
been convicted of a criminal or summary conviction offence that is unrelated
to the employment or to the intended employment of that person.
(4) Subsections (1) and (2) do not apply
with respect to a refusal, limitation, specification or preference based
on a bona fide occupational requirement.
Exemptions
41 If a charitable, philanthropic, educational, fraternal, religious or
social organization or corporation that is not operated for profit has
as a primary purpose the promotion of the interests and welfare of an identifiable
group or class of persons characterized by a physical or mental disability
or by a common race, religion, age, sex, marital status, political belief,
colour, ancestry or place of origin, that organization or corporation must
not be considered to be contravening this Code because it is granting a
preference to members of the identifiable group or class of persons.
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Discrimination in employment
14(1) No person shall discriminate with respect
to any aspect of an employment or occupation, unless the discrimination
is based upon bona fide and reasonable requirements or qualifications for
the employment or occupation.
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New Brunswick Human Rights Act
3(1) No employer, employers' organization or other person acting on
behalf of an employer shall
(a) refuse to employ or continue to employ
any person, or
(b) discriminate against any person in respect
of employment or any term or condition of employment,
because of race, colour, religion, national origin, ancestry, place of
origin, age, physical disability, mental disability, marital status, sexual
orientation, sex, social condition, political belief or activity.
3(4) No person shall
(a) use or circulate any form of application
for employment,
(b) publish or cause to be published any
advertisement in connection with employment, or
(c) make any oral or written inquiry in connection
with employment,
that expresses either directly or indirectly any limitation, specification
or preference, or requires an applicant to furnish any information as to
race, colour, religion, national origin, ancestry, place of origin, age,
physical disability, mental disability, marital status, sexual orientation,
sex, social condition, political belief or activity.
3(5) Notwithstanding subsections (1), (2), (3) and (4), a limitation, specification
or preference on the basis of race, colour, religion, national origin,
ancestry, place of origin, age, physical disability, mental disability,
marital status, sexual orientation, sex, social condition, political belief
or activity shall be permitted if such limitation, specification or preference
is based upon a bona fide occupational qualification as determined
by the Commission.
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Newfoundland
Human Rights Code
Discrimination in employment
9. (1) An employer, or a person acting on
behalf of an employer, shall not refuse to employ or to continue to employ
or otherwise discriminate against a person in regard to employment or a
term or condition of employment because of
(a) that person's
race, religion, religious creed, political opinion, colour or ethnic, national
or social origin, sex, sexual orientation, marital status, physical disability
or mental disability; or
but this subsection does not apply to the expression of a limitation, specification
or preference based on a good faith occupational qualification.
(6) This section
does not apply to an employer
(a) which is an exclusively
religious, fraternal or sororal organization that is not operated for private
profit; or
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Northwest Territories Human Rights Act
Employment
7. (1) No person shall, on the basis of a prohibited ground of discrimination,
(a)refuse to employ or refuse to continue
to employ an individual or a class of individuals; or
(b)discriminate against any individual or
class of individuals in regard to employment or any term or condition of
employment.
(3)Subsections (1) does not apply with respect
to a practice based on a bona fide occupational requirement.
Exception
(5)It is not a contravention of subsection
(1) for an organization, society or corporation
to give preference in employment to an individual or class of individuals
if the preference is solely related to the special objects in respect of
which the organization, society or corporation was established and the
organization, society or corporation
(a)is not operated for private profit; and
(b) is
(i) a charitable, educational,
fraternal, religious, social or cultural organization, society or corporation,
or
(ii) an organization, society
or corporation operated primarily to foster the welfare of a religious
or racial group.
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Prohibition of discrimination
5 (1) No person shall in respect of
(d) employment;
discriminate against an individual or class
of individuals on account of
(n) sexual orientation;
Exceptions
6 Subsection (1) of Section 5 does not apply
(c) in respect of employment, to
(iii) employees engaged by an
exclusively religious organization to perform religious duties;
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Employment
9. (1) No person shall, on the basis of a prohibited ground of discrimination,
(a) refuse to employ or refuse to continue
to employ an individual or a class of individuals; or
(b) discriminate against any individual or
class of individuals in regard to employment or any term or condition of
employment, whether the term or condition was prior to or is subsequent
to the employment.
(4) Subsection (1) does not apply with respect
to a practice based on a justified occupational requirement.
Exception
(6) It is not a contravention of subsection
(1) for an organization, society or corporation
to give preference in employment to an individual or class of individuals
if the preference is solely related to the special objects in respect of
which the organization, society or corporation was established and the
organization, society or corporation
(a) is a not for profit organization, society
or corporation; and
(b) is
(i) a charitable, educational,
fraternal, religious, athletic, social or cultural organization, society
or corporation, or
(ii) an organization, society
or corporation operated primarily to foster the welfare of a religious
or racial group.
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Employment
5. (1) Every person
has a right to equal treatment with respect to employment without discrimination
because of race, ancestry, place of origin, colour, ethnic origin, citizenship,
creed, sex, sexual orientation, age, record of offences, marital status,
family status or disability. R.S.O. 1990, c. H.19, s. 5 (1);
1999, c. 6, s. 28 (5); 2001, c. 32, s. 27 (1);
2005, c. 5, s. 32 (5).
Special employment
24. (1) The right under
section 5 to equal treatment with respect to employment is not infringed
where,
(a)
a religious, philanthropic, educational, fraternal or social institution
or organization that is primarily engaged in serving the interests of persons
identified by their race, ancestry, place of origin, colour, ethnic origin,
creed, sex, age, marital status or disability employs only, or gives preference
in employment to, persons similarly identified if the qualification is
a reasonable and bona fide qualification because of the nature of
the employment;
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Prince Edward Island Human Rights Act
Discrimination in employment prohibited
6. (1) No person shall refuse to employ or to continue to employ any individual
(a) on a discriminatory basis, including
discrimination in any term or condition of employment; or
Application of section
(4) This section does not apply to
(a) a refusal, limitation, specification
or preference based on a genuine occupational qualification;
(c) an exclusively religious or ethnic organization
or an agency of such an organization that is not operated for private profit
and that is operated primarily to foster the welfare of a religious or
ethnic group with respect to persons of the same religion or ethnic origin
as the case may be, if religion, creed, color, sex, marital status or ethnic
or national origin is a reasonable occupational qualification. 1975,c.72,s.6;
1985,c.23,s.2; 1987,c.6,s.8; 1998,c.92,s.2.
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Québec Charter of Human Rights and Freedoms
10 Every person has the right to full and equal recognition and exercise
of his human rights and freedoms, without distinction, exclusion or preference
based on race, color, sex, pregnancy, sexual orientation, civil status,
age except as provided by law, religion, political convictions, language,
ethnic or national origin, social condition, a handicap or the use of any
means to palliate a handicap.
Discrimination exists where such a distinction, exclusion or preference
has the effect of nullifying or impairing such right.
20. A distinction, exclusion or preference based on the aptitudes or
qualifications required for employment, or justified by the charitable,
philanthropic, religious, political or educational nature of a non-profit
institution or of an institution devoted exclusively to the well-being
of an ethnic group, is deemed non-discriminatory.
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Saskatchewan Human Rights Code
Discrimination prohibited in employment
16(1) No employer shall refuse to employ or continue to employ or otherwise
discriminate against any person or class of persons with respect to employment,
or any term of employment, on the basis of a prohibited ground.
(7) The provisions of this section relating
to any discrimination, limitation, specification or preference for a position
or employment based on sex, disability or age do not apply where sex, ability
or age is a reasonable occupational qualification and requirement for the
position or employment.
(10) This section does not prohibit an exclusively
non-profit charitable, philanthropic, fraternal, religious, racial or social
organization or corporation that is primarily engaged in serving the interests
of persons identified by their race, creed, religion, colour, sex, sexual
orientation, family status, marital status, disability, age, nationality,
ancestry, place of origin or receipt of public assistance from employing
only or giving preference in employment to persons similarly identified
if the qualification is a reasonable and bona fide qualification
because of the nature of the employment.
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Prohibited discrimination
9 No person shall discriminate
(b) in connection with any aspect of employment
or application for employment;
Reasonable cause
10 It is not discrimination if treatment is based on
(a) reasonable requirements or qualifications
for the employment;
Exemptions
11(1) It is not discrimination for a religious, charitable, educational,
social, cultural, or athletic organization to give preference to its members
or to people the organization exists to serve.