ARCHIVED - Canadian Human Rights Commission

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SECTION I – OVERVIEW

Chief Commissioner’s Message

The 2007–2008 fiscal year marked a turning point for the Canadian Human Rights Commission as we began to shift our focus towards human rights education and awareness, based on outreach, strengthened relationships and new partnerships. Our commitment is to be a proactive and influential human rights catalyst, both nationally and internationally. The Commission’s organizational culture of respect, sound leadership, and values-based workforce greatly contributed to our ability to achieve our objectives.

Through a strategic use of resources, Commission research and policy development has informed and influenced public debate. Our litigation efforts before the Canadian Human Rights Tribunal, Federal Court and Supreme Court contributed to the development of jurisprudence on human rights in Canada. The Commission also provided leadership in extending full human rights protection to First Nations people living under the Indian Act by successfully advocating for the repeal of Section 67 of the Canadian Human Rights Act.

Discrimination prevention—building knowledge and raising capacity with federally regulated employers—was a key focus this year. Stakeholders have welcomed the launch of a streamlined employment equity audit process as a practical and effective way to guide organizations to improve their compliance with the Employment Equity Act.

We have also implemented very effective early resolution mechanisms for human rights complaints, with promising early results. During the reporting period, the Commission handled 1,343 complaints and met its service standard for timely process. In the final quarter of the reporting period, 43% of cases that went to early resolution were resolved even before they became formal complaints.

The Commission is a recognized authority on human rights in Canada and internationally. Our ongoing research and knowledge development provide the basis for effective laws, policies, guidelines and dispute resolution practices. We identify and advance knowledge in ever-evolving areas such as Aboriginal rights, hate on the Internet, environmental sensitivities, mental health, and human rights report cards.

Internationally, the Commission has reinforced Canada’s reputation as a human rights leader by chairing the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC). We led the ICC to full status at the United Nations Human Rights Council and launched a governance review to support the new role. In this hemisphere, the Commission engaged with the Organization of American States to obtain recognition for the role of National Rights Institutions in advancing good government and the rule of law.

As the Commission celebrates these successes, we remain very much aware of the additional challenges we face as a small organization that provides service and leadership in an area so fundamental to who we are as a country. Our mandate is not static—it grows with the expectations of society, Parliament and the courts. Yet because the Commission is so small, vacancies and resource lacunae have an acute impact on our work. The Commission remains inspired to manage these challenges and seize more opportunities to foster an enduring human rights culture in Canadian society.

 

 

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Jennifer Lynch, Q.C.
Chief Commissioner

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Management Representation Statement

I submit for tabling in Parliament, the 2007–2008 Departmental Performance Report for the Canadian Human Rights Commission.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007–2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
• It is based on the department’s approved Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
• It presents consistent, comprehensive, balanced and reliable information;
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

 

 

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Richard Burton
Secretary General

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Summary Information

Raison d’être The Commission’s founding legislation inspires a vision for Canada in which “all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have” free from discrimination. The Commission works with employers, service providers, individuals, unions, governmental and non-governmental organizations, and provincial and territorial human rights bodies to foster understanding and commitment to achieving a society where human rights are respected in everyday practices. The Commission is working within a new service delivery model that provides discrimination prevention initiatives; modern dispute resolution approaches for addressing inquiries and complaints; as well as regulatory, policy, and knowledge development. Enhancing employment equity in federally regulated employment sectors for women, Aboriginal peoples, persons with disabilities, and members of visible minorities is also a key function. Internationally, the Commission’s strong leadership role includes chairing the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, within the United Nations.

Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
$23,272	$22,587	$21,993

Human Resources in Full-time Equivalents (FTEs)

Planned	Actual	Difference
200	176	24

 

Departmental Priorities
			2007-2008
Status on Performance			Planned Spending	Actual Spending
Strategic Outcome: Equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the Canadian Human Rights Act and the Employment Equity Act by federally regulated employers and service providers, as well as the public whom they serve.
Alignment to Government of Canada Outcomes: The Commission’s strategic outcome aligns to the Government of Canada’s strategic outcome of creating “a diverse society that promotes linguistic duality and social inclusion.”
Priority (type)	Program Activity – Expected Result	Performance Status	Planned Spending	Actual Spending
Deliver a human rights knowledge development program	Understanding of, and compliance with, the Acts through: research; strategic initiatives; stakeholder awareness through knowledge sharing and outreach; and the National Aboriginal Initiative.	Successfully met	$5,035	$6,190
Enhance, expand and integrate prevention initiatives and employment equity activities of the Discrimination Prevention Program.	A commitment from federally regulated departments and organizations to enhance human rights and equality principles and practices through knowledge sharing, best practices and removal of barriers.	Successfully met	$6,466	$5,347
Provide an effective dispute resolution process.	A timely, effective and efficient dispute resolution process.	Successfully met	$11,771	$10,456

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Overall Departmental Performance

Operating Environment

The Commission’s activities are accomplished by its commissioners and its employees, with the support of professional contracts when specific expertise is required. The Commission does not fund external organizations, assign grants or contributions, nor does it operate any other transfer programs.

The Commission has recently created a service delivery model that distributes resources among the different stages of human rights management. This model consists of Knowledge Development, Discrimination Prevention, and Dispute Resolution.

Organizational Context

The Commission resolves disputes, develops knowledge about human rights issues, and works to prevent discrimination. Increased funding would enable the Commission to make greater progress in the following areas.

Enhancing International Focus

The Chief Commissioner’s mandate includes a focus on international activities. These activities were unfunded. Resources have been reallocated to meet ongoing and new international commitments.

National Human Rights Institutions (NHRIs) are a critical component of national human rights protection, as their actions contribute to good governance, the rule of law, and the promotion and protection of human rights. The Canadian Human Rights Commission is recognized by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) as an “A” Status member, and, as such, must meet the standards and responsibilities dictated by the Paris Principles to maintain its accreditation. The Paris Principles are a set of rules adopted by the United Nations (UN) General Assembly that provide guidance to UN member states on the mandate, composition, and functioning of independent national human rights institutions. The ICC is the principal representative of NHRIs at the global level, including the UN, where gaps in the human rights protection of member states are brought to the attention of the international community.

In addition, in March 2007 the Commission was elected by acclamation to serve a three-year term as the Chair of the ICC. Created in 1991, the ICC works to strengthen NHRIs in conformity with the Paris Principles.

As the Chair, the Commission governs the business and administrative matters of the ICC to ensure its viability, leads an internationally recognized accreditation process, and engages in an active advocacy role on behalf of ICC members before the UN, national governments, non-governmental organizations, and other human rights stakeholders. Achievements this year include launching governance restructuring, and formalizing standing for the ICC and its member NHRIs within the UN Human Rights Council.

With its increasing international profile, the Commission has also formalized its participation within the Organization of American States, and before the Commonwealth Forum of National Human Rights Institutions.

Recommending legislative change

The Canadian Human Rights Act provides the Commission with the authority to influence legislative change through, for example, Special Reports to Parliament. In addition, pursuant to the Act, the Commission has the authority to issue guidelines that could help prevent discrimination in areas where the jurisprudence and the legislation are unclear. However, insufficient current resources place the Commission in a ‘reactive’ rather than ‘proactive’ position for most such activities. Additional resources would enable the Commission to engage proactively, which is required in the present climate where important rights are increasingly conflicting (e.g., the current debates regarding regulating hate on the Internet, freedom of expression and freedom of religion).

Providing authoritative expertise on human rights in Canada

The Canadian Human Rights Act provides the Commission with the authority to influence societal understanding and behaviours by conducting information programs and research, by fostering common policies and practices across Canada’s human rights commission system, and by using persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices (s. 27).

New human rights issues emerge; existing issues grow more complex. For example, the accepted definition of disability now clearly includes mental illness and environmental sensitivity. Organizations struggling with their responsibilities to accommodate workers and customers with these and other disabilities turn to the Commission for guidance. Our research and knowledge development provide the basis for identifying discriminatory practices and addressing them; for finding solutions; and for formulating policies, guidelines, prevention tools, and practices. The goal is nothing less than the integration of human rights into daily practice.

Increased funding would secure the Commission’s ability to fulfill its statutory responsibility to serve as a thought leader and catalyst for advances in human rights.

Ensuring federally regulated employers comply with the Acts

The Commission is mandated by the Employment Equity Act to ensure, through compliance audits, that federally regulated employers comply with the Act. The Commission has met its goal of streamlining and increasing the number of audits during the year. To date, we have initiated audits for 41% of federally regulated employers, representing 75% of the workforce under our mandate. Our goal of attaining 100% is at risk, however, because the number of employers under our mandate has increased by about 20% in the past four years, with no increase in resources. In addition, the audit process now includes a progress assessment phase focusing on the achievement of goals by employers previously found in compliance.

The Commission fosters comprehensive compliance among employers with the Canadian Human Rights Act. This includes providing targeted services, such as training to employers with whom a Memorandum of Understanding (MOU) has been signed. MOUs are in place with 14 employers representing almost 25% of employees under our mandate but only approximately 1% of federally regulated employers. This model is very effective yet resource intensive. The expansion of the program would require additional resources. To partially address the resource shortfall, the Commission is developing a maturity model.

The following sections focus on the specific priorities outlined in the 2007–2008 Report on Plans and Priorities (RPP) for the period under review:

PRIORITY 1

Deliver a human rights knowledge development program

The Knowledge Centre increased understanding of, and engagement in, human rights by conducting and disseminating research in new areas. For example, the new Research Division completed Phases I and II of its groundbreaking National Human Rights Report Card, and advanced its research into the viability of legislative amendments to include ‘social condition’ (i.e., poverty) in the Canadian Human Rights Act. Our research in environmental sensitivities was published online (http://www.chrc-ccdp.ca/research_program_recherche/default-en.asp), leading to the completion by the Policy Directorate of a new policy on environmental sensitivities (http://www.chrc-ccdp.ca/legislation_policies/policy_environ_politique-en.asp). Policies on drug and alcohol testing and on accommodating mental health issues are at the consultation stage. The lack of resources has forced the delay of consultations on a national disability act, and the follow-up consultations on No Answer I and II (a review of Government of Canada telephonic communication with people who are deaf, deafened, hard of hearing, or have a speech impediment). A work plan evaluation is under way to ensure that policy plan objectives reflect available resources.

The Knowledge Centre created and leads the Commission’s National Aboriginal Initiative (NAI) and its outreach to key First Nations organizations (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page2-en.asp#21). The Commission clearly and strongly advocated for the repeal of s. 67 of the Canadian Human Rights Act (which denied Aboriginal peoples full access to the same rights) through parliamentary committee appearances, dozens of stakeholder meetings, and by publishing the special report, Still a Matter of Rights (http://www.chrc-ccdp.ca/proactive_initiatives/smr_tqd/toc_tdm-en.asp). To support the NAI, the research division commissioned and released Alternative Dispute Resolution in Aboriginal Contexts: A Critical Review, a report that provides guiding principles for the development of alternate dispute resolution in Aboriginal contexts.

 

PRIORITY 2

Enhance, expand and integrate prevention initiatives and employment equity activities of the Discrimination Prevention Program

During the reporting period, a key focus for the Commission was to consolidate and strengthen discrimination prevention initiatives. Beyond working directly with employers to prevent discrimination, the Commission also engages civil society—non-governmental organizations, unions and other stakeholders—to hear their concerns and benefit from their perspectives.

In 2007–2008 new tools were developed, including a Community of Practice website and a Train-the-Trainer initiative. The materials are now shared with our MOU signatories and other stakeholders among federally regulated employers: (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page4-en.asp#31)

The employment equity audit process was improved to shorten the time required to complete an audit, by streamlining the audit steps and approval processes (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page4-en.asp#32).

 

PRIORITY 3

Provide an effective dispute resolution process

The Commission focused on improving process efficiency during the reporting period. Professional development initiatives helped employees screen complaints more efficiently. This year, we made strides in streamlining our internal process to refer complaints to other redress mechanisms and other bodies, such as the Public Service Labour Relations Board and the Public Service Staffing Tribunal. Communications with the parties to disputes were also improved. The Commission offered early resolution and preventive mediation services to help parties resolve disputes before filing complaints (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page6-en.asp). The results achieved from early resolution services are promising: approximately 43% of the cases sent to early resolution in the last quarter were resolved.

Performance improvements for dealing with complaints more effectively were a key focus for the Commission. An assessment tool was developed to expedite the processing of complaints by identifying relevant facts and narrowing issues, and, where possible, facilitating settlements. However, it could not be used to full capacity because of acute staff shortages. This new tool was used in 9% of cases (http://www.chrc-ccdp.ca/publications/ar_2007_ra/toc_tdm-en.asp). During the reporting period, the Commission also continued to focus on litigating cases that affect human rights (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page7-en.asp and http://www.chrt-tcdp.gc.ca/index_e.asp). In 2007–2008 progress was made on the creation of a regulatory framework to identify the need for regulations, guidelines, position papers and/or policies that could provide guidance on the Canadian Human Rights Act and relevant case law.

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