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SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

2.1 Strategic Outcome

The Commission works toward establishing equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the CHRA and the EEA by federally regulated employers and service providers, as well as the public they serve. All Canadians benefit when organizations are sensitive to human rights; consider differing needs; and respond to issues before they develop into discrimination complaints.

The expected and actual results of the programs that contribute to the realization of this strategic outcome are outlined below.

 

2.1.1 Human Rights Knowledge Development and Dissemination Program

 

Program Activity: Human Rights Knowledge Development and Dissemination Program

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
2,725	3,697	3,442	21	21	–

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Awareness and understanding of the Acts are increased among federally regulated employers and service providers, as well as the public they serve.	Number of new knowledge products and activities.	8 per year.	Met all	9 products issued
	Number of visits to the website and subscribers for information updates.	525,000 visits to website and 1,470 subscribers.	Exceeded	1,458,664 website visits and 2,223 subscribers.
	The percentage of human resource managers in federal government departments who are aware of the employer requirements under the Acts.	To be determined following first survey.	N/A	After consultations with central agencies, it was determined that a survey was not feasible. The Commission has revised its Performance Measurement Framework to reflect more appropriate measures.
http://www.chrc-ccdp.ca/knowledge_connaissances/default-en.asp

Program Activity Summary

This program helps foster both an understanding of and compliance with the CHRA and the EEA. Knowledge development also ensures that programs, interventions, and decisions are grounded in evidence and best practices. Knowledge products include research, policies, regulatory instruments, and special reports. Information and/or advice are provided to the Commission itself, Parliament, federal departments and agencies, Crown corporations, federally regulated private sector organizations, and the public. Partnerships with other human rights commissions as well as governmental, non-governmental, research and international organizations are formed and maintained to leverage knowledge development and dissemination activities in areas of common interest.

Benefits for Canadians

The Commission creates knowledge and undertakes activities or initiatives with the intention of raising awareness of the Acts and of human rights principles and issues. With key stakeholder involvement in developing these products, broad distribution and easy access online, Canadians will benefit from the sharing of high-quality and easily accessible knowledge.

The expectation is that once Commission products or activities have been shared, the recipients will understand the main messages and will be motivated to apply the knowledge. As a result, federally regulated organizations and the public they serve will have a better understanding of the rights and responsibilities outlined in the CHRA and the EEA. A shared understanding of the Acts is a strong basis for building equality and respect for human rights.

Performance Analysis

The number of visits to the Commission website almost tripled this year and there was a marked increase in the number of subscribers. This indicates a greater interest in the work of the Commission and suggests that the Commission is considered an important source of information. With the resources allocated in 2009-10 to this program activity, the Commission was able to produce nine new knowledge products.

Hate on the Internet

The important public debates about hate speech, freedom of expression and the role of human rights commissions and tribunals continued to draw public attention during 2009-10. The Commission informed the debate by submitting a Special Report to Parliament, which discussed the issues and provided recommendations. Through subsequent Parliamentary Committee appearances, media interviews, outreach, and public forum and conference statements, inaccurate information about the issues was corrected and the role of the Commission was clarified. These efforts contributed to an increased public understanding of the Commission’s position on the issue of hate on the Internet as well as an awareness of the importance of human rights legislation, commissions and tribunals in protecting and promoting human rights that are fundamental to Canadian society.

Aboriginal Issues and Repeal of s. 67

In 2008, the Commission celebrated Royal Assent of Bill C-21, which extended human rights protection to First Nations peoples living under the Indian Act. In 2009-10, the Commission developed baseline research and undertook awareness raising activities to establish and clarify important aspects of the application and implications of the CHRA in Aboriginal contexts. These included a legal analysis of the issue of balancing individual and collective rights and a survey of 62 First Nations groups to understand their degree of knowledge about the CHRA.

In keeping with the Commission’s efforts to encourage employers and service providers to resolve human rights issues at the earliest opportunity, guiding principles around internal dispute resolution processes were developed for use by Aboriginal communities. Taken together, these tools provide a rich information source to both accurately measure and increase the knowledge base of Aboriginal communities, Commission staff, the courts and the public. These products will have a positive impact over time, as the ongoing research will ensure a continued expansion of awareness and understanding of human rights principles, the CHRA and the EEA and the Commission’s new role.

Human Rights Council Statements

The Commission made two statements to the United Nations Human Rights Council this year: on racial minorities in Canada and on Indigenous rights in Canada. These activities raise public awareness of the Commission’s role as the National Human Rights Institution for Canada, and provide examples of the interplay between Canada’s international human rights obligations and the domestic implementation of these rights.

Lessons Learned

The Commission recognizes that its limited resources must be even more strategically focused on activities with the broadest possible reach and impact in Canadian society.

The debate on the balance between freedom of expression and protecting Canadians from hate on the Internet highlighted the need to better inform the public and stakeholders about the role and mandate of the Commission and the importance of protecting and promoting human rights principles.

 

2.1.2 Discrimination Prevention Program

 

Program Activity: Discrimination Prevention Program

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
4,721	4,510	4,475	52	35	17*

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Federally regulated employers and service providers are committed to preventing discrimination and to resolving disputes internally.	Number of prevention initiatives completed.	50 a year	met all	53
	Percentage of MOU signatories surveyed bi-annually who demonstrate commitment.	60 percent	Exceeded	100 percent**
The employment equity (EE) audit model is contributing to audited organizations’ meeting their employment equity plan goals.	Number of audits completed.	40 a year	Exceeded	53***
	Percentage of audited organizations that met their employment equity plan goals within six (6) years of the first employment equity audit.	50 percent, by March 2011	Somewhat met	Audited organizations in the private sector met 38 percent of their EE goals and in the public sector 53 percent.
http://www.chrc-ccdp.ca/preventing_discrimination/default-en.asp

* FTE difference is the result of internal re-allocation.

** Although a survey was not conducted in 2009-10, the performance summary indicates that all MOU signatories renewed their commitment to prevent discrimination in the workplace by committing to extend their MOU through the fiscal year.

*** Of the 53 initiatives completed, 12 learning activities were in support of the Commission’s priority to increase awareness of the CHRA and the EEA in First Nations and Aboriginal communities.

Program Activity Summary

This program helps foster and sustain a human rights culture in federally regulated organizations by promoting continuous improvement of an organization’s human rights competencies. Prevention initiatives, employment equity audits, learning programs and events are among the program’s tools to promote discrimination prevention, and achieve employment equity objectives. Stakeholder engagement involves federal departments and agencies, crown corporations, private sector organizations, provincial and territorial government bodies, international agencies, unions and other non-governmental organizations.

Benefits for Canadians

Discrimination prevention fosters a greater understanding of human rights principles, discourages and eliminates discriminatory practices, and promotes equality. It is much more effective to put in place practices to actively prevent discrimination against Canadians than to deal with it once it has already occurred. Fostering respectful relations is more effective than efforts aimed at resuming broken relations following discriminatory practices. Employment equity audits contribute to this outcome by ensuring that federally regulated employers comply with the EEA and that designated groups are appropriately represented, despite constant demographic evolution.

Performance Analysis

In 2009-10, this program met most of its targeted performance objectives related to prevention initiatives, employment equity audits and employer commitment. Analyzing this program’s performance over the past few years, the Commission found that while most employers recognize the importance of fostering a diverse and respectful workplace culture, they often lack the knowledge or tools required to further their programs. In response, the Discrimination Prevention Program will focus primary prevention efforts on improving the human rights competencies within federally regulated workplaces with its new Human Rights Maturity Model (HRMM).

The HRMM is an innovative roadmap and performance measurement framework for employers, service providers, bargaining agents and employees as they transition their workplaces to a self-sustaining human rights culture by fully integrating human rights in all policies, practices and processes. Aligning internal cultures with front-line service expectations will contribute to the achievement of organizational business objectives.

In 2009-10, the Commission developed an approach to pilot testing the HRMM with key stakeholders. The Commission will integrate many aspects of its role and responsibilities within the HRMM, and will create specific synergy with the employment equity audit program.

To increase the employment equity audit program’s impact on the representation levels of designated groups in the workforce and following significant consultation, including employer associations and unions, the employment equity audit business model was reoriented to a results- and risk-based approach. Employment equity audit reports will focus on recognizing employers’ overall progress and success. Moreover, employers are encouraged to move beyond minimum legislative requirements by taking into account ongoing growth in designated groups’ availability in the labour market. The new employment equity business model supports the HRMM by engaging employers to surpass internal employment equity targets.

Lessons Learned

The Commission determined that while the Discrimination Prevention Program has had a positive impact on Canadian workplaces and service centres, the resources required to foster, nurture and maintain multiple collaborative relationships are considerable. A more effective approach is to help organizations help themselves. The development of the HRMM is a demonstration of the Commission learning to focus limited resources to achieve the greatest impact in federally regulated workplaces.

2.1.3 Human Rights Dispute Resolution Program

 

Program Activity: Dispute Resolution Program

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
8,126	9,155	8,555	64	70	(6)

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Commission involvement in human rights disputes facilitates the resolution of disputes in a non-adversarial manner at the earliest stage possible, ensures that the public interest is addressed and increases understanding of the CHRA.	The ratio between the number of new disputes opened and the number of disputes dealt with along the full dispute resolution continuum.	A 1:1 balance.	Mostly Met	1:2
	By 2011, the percentage of disputes settled at the Commission out of the total of those dealt with.	40 percent by 2011, or a benchmark established after one year of collecting data.	Mostly Met	31 percent
Parties to disputes are satisfied with the dispute resolution process.	When surveyed, parties to disputes report they are satisfied that the dispute resolution process was fair, user-friendly and/or flexible.	To be determined.	Mostly met	An exploratory evaluation of the mediation services indicates that participants were very satisfied with the process (mean of 5.34 of 6).
http://www.chrc-ccdp.ca/disputeresolution_reglementdifferends/default-en.asp

Program Activity Summary

This program addresses discrimination by dealing with individual and systemic complaints and issues brought by individuals or groups of individuals against federally regulated employers and service providers. The Commission exercises its discretion in choosing the most appropriate dispute resolution method including investigation, mediation and conciliation. The Commission also serves as a screening body in determining whether further inquiry is warranted, participates in all pre-tribunal mediations and represents the public interest in appearing before the Canadian Human Rights Tribunal.

Benefits for Canadians

The benefit to Canadians is the provision of a fair and effective process to ensure compliance with the fundamental rights under the CHRA. Their satisfaction with services received is an important indicator of the Commission’s success. The Commission emphasizes the importance of dealing with complaints and finding solutions through dialogue by encouraging non-adversarial methods of dispute resolution. The parties to all cases—resolved or unresolved—benefit from a fair, expeditious and accessible human rights process, and gain an increased understanding of the CHRA.

By participating in precedent-setting human rights cases, the Commission contributes to the clarification and development of human rights law, which increases protection for all Canadians and affirms the fundamental value of supporting diversity.

Performance Analysis

During the reporting period, the Dispute Resolution Program made progress toward its expected results. It resolved 31 percent of disputes and experienced a 1.2 to 1 ratio between the number of new disputes opened and the number of disputes dealt with. These results indicate that the Program met approximately 80 percent of its performance targets.

During the course of the year, the Commission experienced a significant increase in its caseload while the level of resources allocated to deal with the caseload remained constant. This adversely impacted its ability to maintain a balance between new disputes opened and disputes dealt with. In an effort to deal with the increase in cases, resources were diverted from the early resolution (ER) process resulting in a decrease in the number of disputes resolved.

With respect to establishing a target for its third performance indicator, the Commission undertook a survey of a number of complainants and respondents who participated in the mediation process. Survey participants reported an average 65 percent level of satisfaction with the agreement achieved, and a 78 percent level of confidence in the agreement. These results established a baseline for future performance measurement.

Lessons Learned

In an effort to deal with the increase in caseload, a decision was taken to suspend the ER process. There is a benefit to resolve disputes early in the process and parties are generally more satisfied when they are able to resolve their differences quickly. ER is a relatively new initiative designed to assist parties to resolve disputes before a formal complaint is filed. An evaluation of the ER initiative will permit development of business cases and strategies so that we can continue to offer the parties the option of ER.

2.1.4 Internal Services

Program Activity: Internal Services

2009-10 Financial Resources ($ thousands)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
5,080	6,311	6,157	53	60	(7)

 

Program Activity Summary

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of the Commission. These groups are: Management and Oversight Services; Communications Services; Corporate Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across the organization and not to those provided specifically to a program.

Benefits for Canadians

Internal services support the efficient, effective and economical management of program resource requirements and ensure that these are aligned to the priorities and deliverables of the Commission in order to achieve expected results. Confirming that managers and employees apply exemplary business management practices ensures responsible and accountable administration.

Performance Analysis

Internal Services conducted an in-house survey to measure satisfaction levels and found that program managers were collectively satisfied. In support of good management practices, the Commission identified the most important delivery areas of Internal Services and a total of nine service standards were adopted for Human Resources, Planning, Finance and Administration and Information Management/Information Technology. While performance targets are generally established internally for these activities, the Commission includes the review of central agency assessments and horizontal audits to identify areas of potential improvements and to continually enhance the performance of Internal Services.

Lessons Learned

While the implementation of actions to improve our MAF rating corresponded with our overall management priority and followed a comprehensive plan, establishing service standards became a more challenging task than originally anticipated. Initial research indicated strong opportunities to adopt service standards from similar organizations. However, further analysis determined that these standards were often mutually understood expectations and primarily verbal in nature.

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