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SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Analysis by Program Activity

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.

Social change takes time and must be pursued relentlessly. The Commission has tried to make strides in these areas by reallocating scarce resources to programs, initiatives, and emerging issues, but these stop-gap efforts fall short of fully exploring and fulfilling the objectives of the Canadian Human Rights Act, the Employment Equity Act, and, more precisely, the mandate of the Commission.

PROGRAM ACTIVITY NAME

A. Knowledge Development – Develop knowledge products, including policies, and research initiatives, to foster understanding of and compliance with the Canadian Human Rights Act and the Employment Equity Act for use by the Commission, key stakeholders, and the Canadian public.

Financial Resources ($ thousands)

Planned Spending	Authorities	Actual Spending
$5,035	$6,314	$6,190

Human Resources (FTE)

Planned	Actual	Difference
37	39	2

Program Activity Description

The Knowledge Development Program coordinates research, policy development, strategic initiatives, the delivery of the National Aboriginal Initiative, and international relations. The Commission’s domestic work is informed by and contributes to international human rights developments. The Commission also monitors human rights trends and assesses the impact of government and international initiatives on the status of human rights in Canada. The objective is to create and transfer human rights knowledge in order to positively influences Canadian society.

This knowledge development process is essential to understanding human rights issues and principles, and to ensuring that the development of legislation, policies, programs, and interventions are grounded in evidence and best practices. It is also essential to effectively communicate that understanding to employers, service providers, and the Canadian public. Engaging specific groups, addressing their needs, and involving them in consultations enables concerned parties to develop a sense of ownership in the Commission’s activities. The intended result is for the participants, and the public as a whole, to integrate human rights in their daily lives and business practices.

The Commission has recognized a growth trend in the public’s need for information related to human rights. Over the last three years, visits to the Commission website have more than doubled and requests for publications have also increased at a considerable rate. The Commission received 26,000 requests for information on publications over the last year including 300 online subscription requests. As well, approximately 150 researchers from universities, non-governmental organizations, and other government departments joined our research network.

Within the Commission, a monthly review of performance indicators provides management with detailed statistics on complaint processing, employment equity audits, and prevention initiatives. The Commission has begun to identify additional indicators that track the impact Commission work is having on Canadians.

One of the challenges will be to better integrate communications and outreach with the work of the program areas responsible for product development and knowledge transfer. The development of a comprehensive outreach initiative will serve to build relationships, inform, engage, and inspire people in the vision of the Canadian Human Rights Act.

The value of listening to, learning from, and involving stakeholders in aspects of the Commission’s work cannot be understated. With appropriate resources devoted to targeted outreach initiatives, the Commission would further succeed at informing and influencing the public dialogue on key human rights issues.

PROGRAM ACTIVITY NAME

B. Discrimination Prevention – Engaging key stakeholders with the goal of preventing discrimination in federally regulated workplaces and service centres, and raising awareness, understanding, and acceptance of human rights.

Financial Resources ($ thousands)

Planned Spending	Authorities	Actual Spending
$6,466	$6,990	$5,347

Human Resources (FTEs)

Planned	Actual	Difference
60	42	18

PROGRAM ACTIVITY DESCRIPTION

The Commission works with federally regulated organizations to identify areas where improvements are required to create workplaces and service delivery centers that embrace a human rights culture. The Commission provides information and assistance to employers and service providers so they can better understand their obligations under the Canadian Human Rights Act and Employment Equity Act and their responsibilities to apply human rights principles. The Commission works collaboratively with central agencies in furthering human rights across the federal system.

The Commission conducts workplace audits to ensure compliance with employment equity obligations under the Employment Equity Act. In addition to ensuring compliance, these audits allow the Commission to identify hiring and promotion practices that best help to ensure equality in the workplace for designated groups, and to identify positive practices and measures instituted by employers to correct barriers to employment in several areas, including accommodation, development and training, promotion, recruitment, retention, selection and hiring, and termination. In 2007–2008, the Commission audited 42 employers.

In the past, the Commission reported on increases in representation of under-represented designated groups in organizations that had been audited. The Commission now reports on its statutory performance indicator, namely the attainment by the organization of short-term goals contained in its employment equity plan.

Table 1: Employment Equity Plan Goals

Private Sector Employers
Monitoring years	Women			Aboriginal Peoples			Person with Disabilities			Visible Minorities			Total
		Not	%		Not	%		Not	%		Not	%		Not		%
	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Total	Met
1999-2001	3	4	43%	3	2	60%	2	5	29%	2	3	40%	10	14	24	42%
2000-2002	31	39	44%	16	24	40%	26	44	37%	32	42	43%	105	149	254	41%
2001-2003	42	52	45%	25	28	47%	25	84	23%	30	64	32%	122	228	350	35%
2002-2004	23	42	35%	18	22	45%	21	60	26%	31	41	43%	93	165	258	36%
2003-2005	38	59	39%	29	18	62%	49	79	38%	46	61	43%	162	217	379	43%
2004-2006	28	33	46%	15	24	38%	18	76	19%	26	54	33%	87	187	274	32%
Total 1999-2006	165	229	42%	106	118	47%	141	348	29%	167	265	39%	579	960	1539	38%

 

Public Sector Employers
Monitoring years	Women			Aboriginal Peoples			Person with Disabilities			Visible Minorities			Total
		Not	%		Not	%		Not	%		Not	%		Not		%
	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Met	Total	Met
2000-2002	4	1	80%	2	2	50%	1	1	50%	3	3	50%	10	7	17	59%
2001-2003	12	6	67%	5	5	50%	5	5	50%	10	21	32%	32	37	69	46%
2002-2004	11	7	61%	5	7	42%	19	6	76%	17	14	55%	52	34	86	60%
2003-2005	16	6	73%	7	4	64%	13	6	68%	11	15	42%	47	31	78	60%
2004-2006	9	7	56%	2	6	25%	5	10	33%	9	13	41%	25	36	61	41%
2005-2007	0	0	0%	0	1	0%	0	0	0%	1	1	50%	1	2	3	33%
Total 2000-2007	52	27	66%	21	25	46%	43	28	61%	51	67	43%	167	147	314	53%

 

Employers have three years to attain these short-term goals. In the private sector, employers attained 38% of 1,539 goals that they had set in their employment equity plans between 1999 and 2006. This included 47% of the goals for Aboriginal peoples, 42% for women, 39% for visible minorities and 29% for persons with disabilities. Between 2004 and 2006, 32% of goals for all four designated groups were attained. A total of 46% of goals set for women were met, but just 19% of those for persons with disabilities. Of the goals set for Aboriginal peoples and visible minorities, 38% and 33% were met, respectively.

Attainment of short-term goals tended to be slightly higher in the public sector than in the private sector. Overall, 53% of the 314 goals established by these employers were attained between 2000 and 2007. This included 66% of goals for women and 61% for persons with disabilities. Employers were less successful in meeting their goals for other groups: 46% of goals for Aboriginal peoples and 43% of those for visible minorities were achieved. Since audits of most employers in the public sector were completed prior to 2005, just one employer was required to set goals between 2005 and 2007. This employer had set one goal for Aboriginal peoples and two for visible minorities. No goals were needed for women and persons with disabilities. Just one goal for visible minorities was met and the goal for Aboriginal peoples was not achieved. This led to a 33% decrease in overall goals met between 2005 and 2007.

During the reporting period, the Commission worked closely with key federally regulated departments and organizations by sharing knowledge (including the removal of barriers to persons with disabilities) and best practices aimed at preventing discrimination in the workplace or service delivery centre. (http://www.chrc-ccdp.ca/publications/ar_2007_ra/page4-en.asp#31)

Preliminary data from organizations that have had an MOU in effect for one or two years show an encouraging reduction in the number of complaints filed with the Commission. The Commission is working with MOU signatories to prepare a trend analysis of their human rights dispute data.

The Commission is designing a maturity model that can be used to assess an organization’s level of maturity in achieving a human rights culture in the workplace—a major step in promoting and gauging progress towards its expected results. Employers are also being provided with tools and training that increase their capacity to prevent discrimination and promote a shift towards a human rights culture. In turn, they have demonstrated a real commitment to improving their working environments.

We look forward to having data available for longer time periods to measure the new division’s long-term contribution.

PROGRAM ACTIVITY NAME

C. Dispute Resolution – Resolution of individual human rights complaints filed against federally regulated employers and service providers to foster understanding of, and compliance with, the Canadian Human Rights Act..

Financial Resources ($ thousands)

Planned Spending	Authorities	Actual Spending
$11,771	$9,283	$10,456

Human Resources (FTEs)

Planned	Actual	Difference
103	95	8

PROGRAM ACTIVITY DESCRIPTION

Under the Canadian Human Rights Act, the Commission deals with allegations of discrimination by federally regulated employers and service providers based on the 11 grounds enumerated in the Act. Allegations of discrimination are screened to ensure they are within the Commission’s jurisdiction, and inquirers may be referred to other redress mechanisms, such as a grievance process. The parties are then encouraged and supported to try to settle the matter, either before a complaint is filed or immediately afterward. If the matter cannot be resolved, the complaint is investigated and submitted to the Commissioners for one of the following possible decisions: dismiss, refer to conciliation, or refer to the Canadian Human Rights Tribunal for further inquiry. Alternative dispute resolution, including mediation and conciliation, is available at all stages of the process. The Dispute Resolution Program is also supported by legal analysis and advisory services throughout the complaint process.

With our new early resolution initiative, opportunities for dialogue and mediation are offered before a formal complaint is filed.

Before a formal complaint is filed

In recent years, the Commission introduced two new initiatives with a view to resolving disputes more quickly, informally, and less resource-intensively. Preventive mediation (mediation before a complaint is filed) was introduced at the end of fiscal 2006-2007, and early resolution (facilitation and negotiation by telephone) was introduced in 2007-2008. The results of these two initiatives for the period under review are as follows: 87 cases were dealt with through preventive mediation, and 52% were settled; 396 cases were dealt with through early resolution and, according to initial data covering the final quarter of the year, 43% were resolved.

Preliminary conclusions are that both early resolution and preventive mediation are succeeding in bringing together parties to talk about and resolve their differences. This is a positive move towards creating a culture of human rights and encouraging compliance with the Act through non-litigious mechanisms.

After a complaint is filed

In 2007–2008, the Commission had a caseload of 1,343 formal complaints, approximately half of which were carried over from the previous year, while the other half were new or reactivated.

Of the total caseload, 50% of the complaints were closed. Taking into account the carryover of cases, a balanced caseload of complaints was achieved.

Approximately 30% of closed complaints did not require further action by the Commission due to the following statutory limitations: another redress mechanism was available, the time limitation was exceeded as set out in the Act, or the complaint was outside the Commission’s jurisdiction or considered trivial, frivolous, or vexatious. The majority (61%) of cases “not dealt with” were referred to other available redress mechanisms, a decrease of 1% from 2006–2007.

After the formal filing, 48% of complaints in voluntary mediation were settled and 26% of those undertaking conciliation were settled.

As shown below, 70% of the 613 active cases were less than one year old and 6% were over two years old on March 31, 2008. The Commission continues to carefully monitor trends.

Total Caseload of ACCEPTED complaints by Age Category
(Average Age in Months)

 

During the reporting period, the Dispute Resolution Program made progress towards its expected result. The Commission has begun monitoring satisfaction with alternative dispute mechanisms. Litigation successes during 2007–2008 constituted important steps in obtaining results, since these successes changed and/or clarified the laws on human rights—progress that benefits all Canadians.

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