Abstract
Abstract This article examines three aspects of Canada's legal provision against racial discrimination and suggests a number of improvements. Provincial and federal human rights legislation is the primary source of remedy for victims of racial discrimination but it has a number of drawbacks in practice. The Charter of Rights and Freedoms does, however, empower judges to strike down federal or provincial legislation or government action that discriminates on racial grounds. Second, the federal Employment Equity Act has made an attempt to induce employers to act affirmatively to eliminate discrimination against racial minorities but has been largely ineffective. Third, the incitement of racial hatred is prohibited by both the criminal law and by provincial and federal human rights legislation. The criminal law has proved to be a weak instrument, hedged with many restrictions, but human rights protection promises to be more fruitful.
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