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MONTREAL — An Indigenous Quebec man who was denied car insurance because he lived on a reserve was the victim of race discrimination, the province's human rights commission concluded in a recent decision.
Alexis Wawanoloath, a lawyer and ex-Parti Québécois member of the legislature, told a news conference Thursday he welcomed the decision stemming from a complaint four years ago, but called it a partial win because the decision didn't look at the systemic nature of the situation.
"Yes, I experienced discrimination, but as I knew it had been experienced by plenty of other people, I wanted the commission to look at the systemic issue," Wawanoloath said at the offices of the Centre for Research-Action on Race Relations, which helped him with his complaint.
Wawanoloath, 40, brought the complaint in October 2018 after he was refused a car insurance quote because of his postal code in Odanak, about 120 kilometres northeast of Montreal.
He said the minute he gave the postal code, the woman at the other end of the phone said that they could not insure him because the address was on the reserve.
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originally posted by: Athetos
In Canada we HAVE to consider the individuals race should they be native under the law. It’s called the gladue factor. It’s literally our law to discriminate based on race why are you surprised?
I live so far north lots of people won’t ship to my postal code. Damn racists.
a reply to: MykeNukem
originally posted by: Athetos
I know exactly what it refers to. The government considers the race. It’s a racist practice. Just because it benefits one group with lesser sentences doesn't mean it’s not racist and discriminatory.
It’s just in favour. If the government demands judgments must consider race why can’t anyone else? Serious question. Not saying it’s right or that we even should just why would we consider race for one set of offences and not all sets of offensive if it actually matters.
The government demands discrimination. It’s the law. It’s because of their race. It’s racist.
Again not saying I agree with it. The Gladue factor means two people can commit the same crime and get different sentences based on the race of offenders.
I ask again if the law demands discrimination why be surprised when your discriminated against? I mean usually natives are discriminated in a positive sense(their race during sentencing, favoured in academic acceptance,) but I don’t differentiate. Discrimination is discrimination and it’s wrong.
a reply to: MykeNukem
originally posted by: MichiganSwampBuck
Is the reservation under the same laws concerning auto insurance as the rest of Canada? Could an insurance company on the reservation insure this guy, or as a member of a first nation does he even need insurance? Maybe it's such a legal mess for insurance companies to insure a car on the reservation they won't do it.
Mandatory insurance coverage
Canadian provinces and territories require drivers to have mandatory coverage. Some provinces may require more coverage than others.
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Article 10 in the Charter guarantees every person the right of recognition and to exercise, in full equality, rights and freedoms without distinction, exclusion or preference, based on the discriminations enumerated. The list of prohibited grounds includes traditional ones such as ethnic origin, sex or religion, and other more modern grounds such as social conditions, political conviction, and pregnancy. It must also be emphasized that Québec is the first jurisdiction in North America, as of 1978, to forbid discrimination based on sexual orientation. All discrimination is therefore forbidden in the juridicial acts as regards work, housing, and access to public places and services.
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In the UK, insurance companies cannot deny service to applicants based on any discriminatory factor.
originally posted by: JRDACOWBOY
I can see the insurance companies have issues having to pay out for lost/stolen/damaged cars. I know most Repo men in Alberta will NOT go onto certain reserves to repo cars that are defaulted on (even with RCMP assistance, tribal officers won't usually help), This makes it what it is, a simple bad business deal for the insurance company. Its a case where a few bad apples screwed the rest of them over.
Keep in mind and I'm in Alberta and we have some wealthy reserves here. Most of the native kids(from reserves) I went to school with, get a payout (some reserves up to $50K) when they turn 18. So purchases of trucks and atvs that are subsequently written off in short order is also common. Once again a bad business deal.
Not saying racism couldn't have been the reason, just able to see it from both sides.