The Right to Access Information for All Canadians: A Summary of Canadian Legislation. 1.    Library Related Legislation 2.    Provincial Human Rights Legislation 3.    Case Law     Disclaimer The material provided on library legislation in Canada is intended for educational and informational purposes only. The CNIB is not engaged in rendering legal services or advice and the information provided is not a substitute for a professional legal opinion. If you have a question of a legal nature, please contact a lawyer.     1. Library Related Legislation   The National Library Act, R.S.C. 1985, c. N-12, provides that the National Librarian “shall generally manage and direct the Library in such a manner that the facilities of the Library may be made available to the Government and people of Canada to the greatest extent consistent with the sound administration of the Library” (s. 7(1)). To that end, the National Librarian may “(a) undertake the collection, by purchase or otherwise, of books for the Library” and “(e) enter into book exchange agreements with libraries and other institutions in and outside Canada”. The National Librarian may also “enter into agreements with libraries and library and educational associations and institutions in and outside Canada in respect of library services” (s. 8). In s. 2, “book” is defined as “library matter of every kind, nature and description” and includes “any document, paper, record, tape or other thing published by a publisher, on or in which information is written, recorded, stored or reproduced”.   In Quebec, the Act respecting the Bibliothèque nationale du Québec, R.S.Q., c. B-2.2, states that the mission of the Quebec national library is to “assemble, preserve permanently and disseminate Québec’s published documentary heritage together with any related document of cultural interest, and documents relating to Québec that are published outside Québec” (s. 14). The mission of the library is also to “offer democratic access to Québec’s national documentary heritage, culture and knowledge and to act as catalyst in relation to Québec’s documentary institutions, thus contributing to the personal development of citizens” (s. 14). More specifically, the library “shall pursue the following objectives: to assert the importance of reading, research and acquiring knowledge … facilitate ongoing independent learning … and stimulate Québec’s participation in the development of the virtual library” (s. 14). To fulfill its mission, the library may, in particular “(1) make the documents in the collections of the library available for consultation or for loan”, “(2) facilitate access to those collections throughout the territory of Québec, in particular by the use of computer-generated media”, “(5) offer services adapted to handicapped persons [and] persons with reading difficulties” and “(8) develop support and specialized technical services and make them available to public libraries” (s. 15).   In Saskatchewan, The Public Libraries Act, 1996, S.S. 1996, c. P-39.2, defines “library” as an information centre that “(i) contains a collection of materials organized to provide physical, bibliographic and intellectual access to knowledge” and “(ii) has a staff that is trained to provide services and programs related to the information needs of its clientele” (s. 2(e)). One of the purposes of the Act is “to ensure equitable access to basic library services by all residents of Saskatchewan” (s. 3(1)(b)). The purposes of the provincial public library system are “(a) to facilitate equitable access to basic library services by all residents of Saskatchewan” and “(b) to ensure the existence and availability of: (i) the Saskatchewan union catalogue … ; (ii) interlibrary loans; (iii) reciprocal borrowing” (s. 3(2)). Each public library board shall “(a) participate in the provincial public library system” and “(b) provide public library services to the residents of Saskatchewan within the area it serves” (s. 5(1)) For the purposes of carrying out its duties in this regard, a public library board may “co-operate with the Saskatchewan Provincial Library in developing and maintaining province-wide library services” (s. 5(2)(c)). “For the purpose of co-coordinating the provincial public library system the Provincial Librarian may … (e) co-ordinate the improvement of access to information through the development of electronic databases and networks and the utilization of technology” (s. 8(e)). One of the responsibilities of the local library boards is “to perform those other functions in accordance with the regulations for the provision of adequate library services at the local level” (s. 40(m)).   In Ontario, the Public Libraries Act, R.S.O. 1990, c. P.44, defines “board” as “a public library board, a union board, a county library board or a county library co-operative board” (s. 1 “board”). The Act states that a board “(a) shall seek to provide, in co-operation with other boards, a comprehensive and efficient public library service that reflects the community’s unique needs” and “(d) may operate special services in connection with a library as it considers necessary” (s. 20).   In British Columbia, two of the three purposes of the Library Act, R.S.B.C. 1996, c. 264, are “(a) to encourage the extension and use of public library service throughout British Columbia” and “(c) to support improvements in public library service” (s. 2). A library board “must allow residents and electors of any area served by the library board to do the following free of charge: (a) borrow library materials that are normally lent by the library and that belong to prescribed categories of library materials; (b) use reference and information services as the library board considers practicable” (s. 46(2)).   In Newfoundland and Labrador, the Public Libraries Act, R.S.N.L. 1990, c. P-40, provides that the Provincial Information and Library Resources Board “shall establish and operate those public libraries in the province that it considers necessary and shall provide support to ensure that library materials, information and programs are available to meet the needs of the public” (s. 6(1)). A local library “shall provide library service to the public in and around a community” (s. 26(2)).   In Nova Scotia, the Libraries Act, R.S.N.S. 1989, c. 254, states that the Provincial Librarian shall “promote and encourage the extension of library service throughout the Province” (s. 5(c)).     2. Provincial Human Rights Legislation   The Ontario Human Rights Code, R.S.O. 1990, c. H.19, provides as follows:   Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations; And Whereas it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province; And whereas these principles have been confirmed in Ontario by a number of enactments of the Legislature and it is desirable to revise and extend the protection of human rights in Ontario; …   1. Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of … disability.   Section 10(1) defines “disability” as follows:   "disability" means, any degree of physical disability … that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes … blindness or visual impediment … or physical reliance on a guide dog or other animal …,   The British Columbia Human Rights Code, R.S.B.C. 1996, c. 210, provides as follows: 3 The purposes of this Code are as follows: (a) to foster a society in British Columbia in which there are no impediments to full and free participation in the economic, social, political and cultural life of British Columbia; (b) to promote a climate of understanding and mutual respect where all are equal in dignity and rights; (c) to prevent discrimination prohibited by this Code; (d) to identify and eliminate persistent patterns of inequality associated with discrimination prohibited by this Code; (e) to provide a means of redress for those persons who are discriminated against contrary to this Code; (f) to monitor progress in achieving equality in British Columbia; (g) to create mechanisms for providing the information, education and advice necessary to achieve the purposes set out in paragraphs (a) to (f). … 8 (1) A person must not, without a bona fide and reasonable justification, (a) deny to a person or class of persons any … service or facility customarily available to the public, or (b) discriminate against a person or class of persons regarding any .. service or facility customarily available to the public because of the … physical … disability … of that person or class of persons.   The Alberta Human Rights, Citizenship and Multiculturalism Act, R.S.A. 1980, c. I-2, s. 3, provides as follows:   WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all persons is the foundation of freedom, justice and peace in the world; WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in: dignity, rights and responsibilities without regard to … physical disability …   …     WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all Albertans should share in an awareness and appreciation of the diverse racial and cultural composition of society and that the richness of life in Alberta is enhanced by sharing that diversity; and WHEREAS it is fitting that these principles be affirmed by the Legislature of Alberta in an enactment whereby those equality rights and that diversity may be protected:   …   4 No person shall deny to any person or class of persons any … services … or facilities that are customarily available to the public, or discriminate against any person or class of persons with respect to any … services … or facilities that are customarily available to the public, because of the … physical disability of that person or class of persons or of any other person or class of persons..   The Manitoba Human Rights Code, C.C.S.M., c. H-175, provides as follows:   WHEREAS Manitobans recognize the individual worth and dignity of every member of the human family, and this principle underlies the Universal Declaration of Human Rights, the Canadian Charter of Rights and Freedoms, and other solemn undertakings, international and domestic, that Canadians honour; AND WHEREAS Manitobans recognize that (a) implicit in the above principle is the right of all individuals to be treated in all matters solely on the basis of their personal merits, and to be accorded equality of opportunity with all other individuals; (b) to protect this right it is necessary to restrict unreasonable discrimination against individuals, including discrimination based on stereotypes or generalizations about groups with whom they are or are thought to be associated, and to ensure that reasonable accommodation is made for those with special needs; (c) in view of the fact that past discrimination against certain groups has resulted in serious disadvantage to members of those groups, and therefore it is important to provide for affirmative action programs and other special programs designed to overcome this historic disadvantage; (d) much discrimination is rooted in ignorance and education is essential to its eradication, and therefore it is important that human rights educational programs assist Manitobans to understand all their fundamental rights and freedoms, as well as their corresponding duties and responsibilities to others; and (e) these various protections for the human rights of Manitobans are of such fundamental importance that they merit paramount status over all other laws of the province;   …   4. In addition to discharging its other responsibilities under this Code, the Commission shall (a) promote the principle that all members of the human family are free and equal in dignity and rights and entitled to be treated on the basis of their personal merits, regardless of their actual or presumed association with any group; (b) further the principle of equality of opportunity and equality in the exercise of civil and legal rights regardless of status; … (e) promote understanding and acceptance of, and compliance with, this Code and the regulations. … 9(1) in this Code, "discrimination" means (a) differential treatment of an individual on the basis of the individual's actual or presumed membership in or association with some class or group of persons, rather than on the basis of personal merit; or (b) differential treatment of an individual or group on the basis of any characteristic referred to in subsection (2); or (c) differential treatment of an individual or group on the basis of the individual's or group's actual or presumed association with another individual or group whose identity or membership is determined by any characteristic referred to in subsection (2); or (d) failure to make reasonable accommodation for the special needs of any individual or group, if those special needs are based upon any characteristic referred to in subsection (2). 9(2) The applicable characteristics for the purposes of clauses (1)(b) to (d) are … (l) physical … disability or related characteristics or circumstances, including reliance on a dog guide or other animal assistant …   9(3)  In this Code, "discrimination" includes any act or omission that results in discrimination within the meaning of subsection (1), regardless of the form that the act or omission takes and regardless of whether the person responsible for the act or omission intended to discriminate. … 13(1) No person shall discriminate with respect to any service … facility … right … benefit, program or privilege available or accessible to the public or to a section of the public, unless bona fide and reasonable cause exists for the discrimination.     The Quebec Charter of Human Rights and Freedoms, R.S.Q., c. C-12, provides as follows:   WHEREAS every human being possesses intrinsic rights and freedoms designed to ensure his protection and development;   Whereas all human beings are equal in worth and dignity, and are entitled to equal protection of the law;   Whereas respect for the dignity of the human being and recognition of his rights and freedoms constitute the foundation of justice and peace;   Whereas the rights and freedoms of the human person are inseparable from the rights and freedoms of others and from the common well-being;   Whereas it is expedient to solemnly declare the fundamental human rights and freedoms in a Charter, so that they may be guaranteed by the collective will and better protected against any violation;   …   Every person has a right to full and equal recognition and exercise of his human rights and freedoms, without distinction, exclusion or preference based on … 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.     The New Brunswick Human Rights Act, R.S.N.B., c. H-11, provides as follows: WHEREAS recognition of the fundamental principle that all persons are equal in dignity and human rights without regard to race, colour, religion, national origin, ancestry, place of origin, age, physical disability, mental disability, marital status, sexual orientation or sex, is a governing principle sanctioned by the laws of New Brunswick; and WHEREAS ignorance, forgetfulness, or contempt of the rights of others are often the causes of public miseries and social disadvantage; and WHEREAS people and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law; and WHEREAS it is recognized that human rights must be guaranteed by the rule of law, and that these principles have been confirmed in New Brunswick by a number of enactments of this Legislature; and WHEREAS it is desirable to enact a measure to codify and extend such enactments and to simplify their administration; …     In this Act "physical disability" means any degree of disability … caused by bodily injury, illness or birth defect and, without limiting the generality of the foregoing, includes any disability resulting from any degree of … blindness or visual impediment … or physical reliance on a guide dog …; 5(1) No person, directly or indirectly, alone or with another, by himself or by the interposition of another, shall (a) deny to any person or class of persons any .. services or facilities available to the public, or (b) discriminate against any person or class of persons with respect to any … services or facilities available to the public, because of … physical disability …   The Nova Scotia Human Rights Act, R.S.N.S., c. 214, provides as follows:   2 The purpose of this Act is to (a) recognize the inherent dignity and the equal and inalienable rights of all members of the human family; (b) proclaim a common standard for achievement of basic human rights by all Nova Scotians; (c) recognize that human rights must be protected by the rule of law; (d) affirm the principle that every person is free and equal in dignity and rights; (e) recognize that the government, all public agencies and all persons in the Province have the responsibility to ensure that every individual in the Province is afforded an equal opportunity to enjoy a full and productive life and that failure to provide equality of opportunity threatens the status of all persons; and (f) extend the statute law relating to human rights and to provide for its effective administration.           3. In this Act, …   (l) "physical disability or mental disability" means an actual or perceived … (iii) physical disability … including, but not limited to, … blindness or visual impediment … or reliance on a … guide dog … …   4 For the purpose of this Act, a person discriminates where the person makes a distinction, whether intentional or not, based on a characteristic, or perceived characteristic, referred to in clauses (h) to (v) of subsection (1) of Section 5 that has the effect of imposing burdens, obligations or disadvantages on an individual or a class of individuals not imposed upon others or which withholds or limits access to opportunities, benefits and advantages available to other individuals or classes of individuals in society. 5 (1) No person shall in respect of the provision of or access to services or facilities;   … discriminate against an individual or class of individuals on account of …   (o) physical disability or mental disability;     The Newfoundland and Labrador Human Rights Code, R.S.N.L. 190, c. H-14, provides as follows:   2. In this Act,   …     l) "physical disability" means any degree of infirmity, malformation or disfigurement of the body suffered by a person as a result of injury, illness or birth defect, and includes a handicap resulting from … blindness … or reliance upon a dog guide …   …   6. (1) A person shall not deny to or discriminate against a person or class of persons with respect to … services [or] facilities … to which members of the public customarily have access or which are customarily offered to the public because of the … physical disability … of that person or class of persons.   The Prince Edward Island Human Rights Act, R.S.P.E.I., c. H.1, provides as follows:   WHEREAS recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations; AND WHEREAS it is recognized in Prince Edward Island as a fundamental principle that all persons are equal in dignity and human rights without regard to race, religion, creed, color, sex, marital status, or ethnic or national origin; AND WHEREAS in 1968 An Act Respecting Human Rights was passed by the legislature of this province in response to the Universal Declaration of Human Rights passed by the General Assembly of the United Nations; AND WHEREAS the principles contained in An Act Respecting Human Rights require amplification; AND WHEREAS it is deemed desirable to provide for the people of the province a Human Rights Commission to which complaints relating to discrimination may be made:     In this Act,   ….   "discrimination" means discrimination in relation to … physical … handicap … of any individual or class of individuals; …   2. (1) No person shall discriminate (a) against any individual or class of individuals with respect to enjoyment of accommodation, services and facilities to which members of the public have access; or (b) with respect to the manner in which accommodations, services and facilities, to which members of the public have access, are provided to any individual or class of individuals     The Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, provides as follows:   3. The objects of this Act are:   to promote recognition of the inherent dignity and the equal inalienable rights of all members of the human family; and to further public policy in Saskatchewan that every person is free and equal in dignity and rights and to discourage and eliminate discrimination.   12(1) No person, directly or indirectly, alone or with another, or by the interposition of another shall, on the basis of a prohibited ground,   deny to any person or class of persons the … services or facilities to which the public is customarily admitted or that are offered to the public; or discriminate against any person or class of persons with respect to the … services or facilities to which the public is customarily admitted or that are offered to the public.     The Yukon Human Rights Act, S.Y. 1987, c. 3, provides as follows:   Recognizing that respect for human rights is a fundamental part of Canada's heritage,   That Canada is a party to the United Nations' Universal Declaration of Human Rights and other international undertakings having as their object the improvement of human rights in Canada and other nations of the world, That the Yukon Government has a responsibility to encourage an understanding and recognition of human rights that is consistent with Canada's international undertakings and with the initiatives taken by Canada and the provinces, and That it is just and consistent with Canada's international undertakings to recognize and make special provision for the unique needs and cultural heritage of the aboriginal peoples of the Yukon,   …   1.(1) The objects of this Act are (a) to further in the Yukon the public policy that every individual is free and equal in dignity and rights, (b) to discourage and eliminate discrimination, (c) to promote recognition of the inherent dignity and worth and of the equal and inalienable rights of all members of the human family, these being principles underlying the Canadian Charter of Rights and Freedoms and the Universal Declaration of Human Rights and other solemn undertakings, international and national, which Canada honours.   … 6. It is discrimination to treat any individual or group unfavourably on any of the following grounds: … (h) physical or mental disability,     7.(1) Every person has a responsibility to make reasonable provisions in connection with … services for the special needs of others where those special needs arise from physical disability, but this duty does not exist where making the provisions would result in undue hardship. (2) For the purposes of subsection (1) "undue hardship" shall be determined by balancing the advantages and disadvantages of the provisions by reference to factors such as (i) safety, (ii) disruption to the public, (iii) effect on contractual obligations, (iv) financial cost, (v) business efficiency. … 8. No person shall discriminate when offering or providing services, goods, or facilities to the public, … 9. It is not discrimination if treatment is based on … (d) other factors establishing reasonable cause for the discrimination. … Any conduct that results in discrimination is discrimination. 12.(1) Special programs and affirmative action programs are not discrimination. (2) Special programs are programs designed to prevent disadvantages that are likely to be suffered by any group identified by reference to a prohibited ground of discrimination. (3) Affirmative action programs are programs designed to reduce disadvantages resulting from discrimination suffered.   3. Case Law   The principle that discrimination can accrue from a failure to take positive steps to ensure that disadvantaged groups benefit equally from services offered to the general public is widely accepted in the human rights field. In Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624, the Supreme Court of Canada ruled that the BC government was obligated to provide interpreter services to Eldridge in order for her to have equitable access to health care services. La Forest J., for a unanimous Court, stated the following:     “It is an unfortunate truth that the history of disabled persons in Canada is largely one of exclusion and marginalization. Persons with disabilities have too often been excluded from the labour force, denied access to opportunities for social interaction and advancement, subjected to invidious stereotyping and relegated to institutions …. This historical disadvantage has to a great extent been shaped and perpetuated by the notion that disability is an abnormality or flaw. As a result, disabled persons have not generally been afforded the “equal concern, respect and consideration” that s. 15(1) of the Charter demands. Instead, they have been subjected to paternalistic attitudes of pity and charity, and their entrance into the social mainstream has been conditional upon their emulation of able-bodied norms …. One consequence of these attitudes is the persistent social and economic disadvantage faced by the disabled. Statistics indicate that persons with disabilities, in comparison to non-disabled persons, have less education, are more likely to be outside the labour force, face much higher unemployment rates, and are concentrated at the lower end of the pay scale when employed ….   Deaf persons have not escaped this general predicament. Although many of them resist the notion that deafness is an impairment and identify themselves as members of a distinct community with its own language and culture, this does not justify their compelled exclusion from the opportunities and services designed for and otherwise available to the hearing population. For many hearing persons, the dominant perception of deafness is one of silence. This perception has perpetuated ignorance of the needs of deaf persons and has resulted in a society that is for the most part organized as though everyone can hear …. Not surprisingly, therefore, the disadvantage experienced by deaf persons derives largely from barriers to communication with the hearing population.   …     The only question in this case, then, is whether the appellants have been afforded "equal benefit of the law without discrimination" within the meaning of s. 15(1) of the Charter. On its face, the medicare system in British Columbia applies equally to the deaf and hearing populations. It does not make an explicit "distinction" based on disability by singling out deaf persons for different treatment. Both deaf and hearing persons are entitled to receive certain medical services free of charge. The appellants nevertheless contend that the lack of funding for sign language interpreters renders them unable to benefit from this legislation to the same extent as hearing persons. Their claim, in other words, is one of "adverse effects" discrimination.   …   Adverse effects discrimination is especially relevant in the case of disability. The government will rarely single out disabled persons for discriminatory treatment. More common are laws of general application that have a disparate impact on the disabled. …     …   This Court has consistently held … that discrimination can arise both from the adverse effects of rules of general application as well as from express distinctions flowing from the distribution of benefits. … Section 15(1) expressly states … that "[e]very individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination . . ." (emphasis added). The provision makes no distinction between laws that impose unequal burdens and those that deny equal benefits. If we accept the concept of adverse effect discrimination, it seems inevitable, at least at the s. 15(1) stage of analysis, that the government will be required to take special measures to ensure that disadvantaged groups are able to benefit equally from government services. …   The principle that discrimination can accrue from a failure to take positive steps to ensure that disadvantaged groups benefit equally from services offered to the general public is widely accepted in the human rights field. In Re Saskatchewan Human Rights Commission and Canadian Odeon Theatres Ltd. (1985), 18 D.L.R. (4th) 93 (Sask. C.A.), leave to appeal refused, [1985] 1 S.C.R. vi, the court found that the failure of a theatre to provide a disabled person a choice of place from which to view a film comparable to that offered to the general public was discriminatory. Similarly, in Howard v. University of British Columbia (1993), 18 C.H.R.R. D/353, it was held that the university was obligated to provide a deaf student with a sign language interpreter for his classes. "[W]ithout interpreters", the Human Rights Council held, at p. D/358, "the complainant did not have meaningful access to the service". And in Centre de la communauté sourde du Montréal métropolitain inc. v. Régie du logement, [1996] R.J.Q. 1776, the Quebec Tribunal des droits de la personne determined that a rent review tribunal must accommodate a deaf litigant by providing sign language interpretation. Moreover, the principle underlying all of these cases was affirmed in Haig, supra, where a majority of this Court wrote, at p. 1041, that "a government may be required to take positive steps to ensure the equality of people or groups who come within the scope of s. 15".” ___________________________________________________________________ Summary of Library of Legislation in Canada, Compiled September 2003 Page 1 of 18