441-01997 (Holidays and observances)

Canada is a great place to live and call home for many reasons, one aspect of what makes Canada the country that it is, is the value we place on freedom and diversity. Canada is strong as a result of its diversity, and not despite of it.

The Canadian Human Rights Act (CHRA) prohibits discrimination on the basis of religion, including but not limited to, in the areas of goods, services, facilities or accommodation customarily available to the general public, commercial premises or residential accommodation, and employment.

In addition, section 2(a) of the Canadian Charter of Rights and Freedoms (Charter) protects everyone’s freedom of conscience and religion. Section 15(1) of the Charter guarantees equality to all individuals without discrimination based on several prohibited grounds, including religion. The Canadian Human Rights Commission (“the Commission”) is an independent agency and has a broad mandate to promote and protect human rights under the CHRA, including conducting research in consultation with rights holders, stakeholders and issuing public statements. Acknowledging the historic appointment of the first-ever Muslim Canadian to hold the position of Minister of Justice and Attorney General of Canada, the importance of the CHRA and the work carried out by the Commission to promote and protect the rights of religious minorities is well appreciated. Our Government fully supports and celebrates the right of everyone to practise the holidays and observances of their choosing.  

The House of Commons in a motion made on November 30, 2023, recalled “that Christmas is a tradition celebrated in Quebec and Canada” and invited “all Quebecers and Canadians to unite as we approach the Christmas season”. The full text of the motion, which was made by unanimous consent, can be found on the House of Commons’ website (https://www.ourcommons.ca/DocumentViewer/en/44-1/house/sitting-259/hansard).

The Commission issued a statement on December 2, 2023 (https://www.chrc-ccdp.gc.ca/en/resources/course-christmas-not-racist-we-never-said-it-was), clarifying the Paper was seeking to convey that “based on current Canadian law, providing a statutory holiday for one religion, and not providing reasonable accommodation for other religions may be considered discrimination.” The Discussion Paper raised that non-Christian holidays are not statutory holidays in Canada, and therefore “[…] non-Christians may need to request special accommodations to observe their holy days and other times of the year where their religion requires them to abstain from work”.

The Commission further noted that Christmas was mentioned as “an example of a religious holiday that is also a statutory holiday.” With that in mind, the Paper also explained various legal obligations on employers and service providers, including the duty to accommodate, in the context of religious discrimination.

In Canada’s multicultural and multi-faith society, everyone has the freedom to practice their religious beliefs, including observing religious holidays, in accordance with the CHRA and the Charter. Our Government has made strides in addressing systemic discrimination and will continue to break down barriers to continue to ensure Canada is an equitable place to live for all.