Appendix A

Outline of the Human Rights Framework in the Federal Jurisdiction

The Canadian Human Rights Act

In 1977, Parliament passed the Canadian Human Rights Act (CHRA) and, in so doing, created the Canadian Human Rights Commission (CHRC) and the Canadian Human Rights Tribunal.  The purpose of the CHRA is to ensure equality of opportunity and freedom from discrimination in the federal jurisdiction. Several grounds of discrimination have been added since its inception and, currently, the CHRA prohibits discrimination on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, physical or mental disability or pardoned criminal conviction.  The CHRA also makes it a discriminatory practice to pay women less than men for work of equal value (pay equity) or to sexually harass others.  In addition, in what is believed to be unique among non-criminal legislation in the world, the CHRA makes it a discriminatory practice to use the Internet or other telecommunication facilities to disseminate hate messages or propaganda.

The Employment Equity Act

Parliament first passed legislation with respect to employment equity in 1986.  The current legislation was passed in 1995. The purpose of the Employment Equity Act is to ensure that federally regulated employers provide equal opportunities for employment to four designated groups: women; Aboriginal peoples; persons with disabilities; and members of visible minorities.

About the CHRC

The CHRC administers both the CHRA and the Employment Equity Act, and ensures that the principles of equal opportunity and non-discrimination are followed in all areas of  federal jurisdiction. The CHRC is empowered by the CHRA to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. Under the Employment Equity Act, the CHRC is responsible for ensuring that federally regulated employers provide equal opportunities for employment to four designated groups. The CHRC is also mandated to develop and conduct information and discrimination prevention programs.

The Commission, composed of up to two full-time and up to six part-time commissioners, meets regularly to decide on individual complaints and to approve Commission policies.

The duties and responsibilities of the CHRC under the CHRA include the following:

• Helping parties to resolve complaints of discrimination in employment and providing services based on the grounds enumerated in the CHRA;
• Investigating complaints of discrimination, including complaints alleging inequities in pay between men and women who are performing work of equal value;
• Undertaking or sponsoring research programs relating to its duties and functions under the CHRA;
• Reviewing regulations, rules, orders, by-laws and other instruments made pursuant to an Act of Parliament to ensure consistency with the CHRA; and
• Developing and conducting information programs to promote public understanding of the CHRA and of the role and activities of the Commission.

The CHRC’s work involves addressing discrimination against individuals but also ensures the public interest is served. This entails addressing persistent patterns of inequality, preventing discrimination, informing the public about equality and identifying emerging human rights issues. Some of the tools at the CHRC’s disposal that can help transform societal behaviour include promotion of discrimination prevention, research on emerging trends, policy development based on the research, conferences to broaden awareness and action, and other preventive measures such as special reports to Parliament.

The Complaint Process Under the CHRA

The CHRC acts as a gatekeeper to the human rights complaint regime.  Under the CHRA, individuals or persons representing individuals may file complaints with the CHRC alleging that they have been the subject of discriminatory treatment in employment or in the provision of services on the basis of one of the enumerated grounds.  The CHRC is not required to deal with all of the complaints it receives and is only required to request the institution of an inquiry by the Canadian Human Rights Tribunal where in its view an inquiry is warranted.

When the CHRC receives a complaint, it has a duty to determine whether the complaint is to be dealt with under the CHRA.  Section 41 of the CHRA reads as follows:

41. (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that

(a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available;

(b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act;

(c) the complaint is beyond the jurisdiction of the Commission;

(d) the complaint is trivial, frivolous, vexatious or made in bad faith; or

(e) the complaint is based on acts or omissions the last of which occurred more than one year, or such longer period of time as the Commission considers appropriate in the circumstances, before receipt of the complaint.

In cases where the CHRC accepts the complaint, an investigator is appointed to investigate the allegations. The investigator is required to submit a report of his or her findings to the CHRC Commissioners, who decide the disposition of the case.

Upon receipt of an investigator’s report, the CHRC is required to make a decision in respect of the complaint.  Essentially, the CHRC must decide from among the following four options:

1. If the CHRC is satisfied that another grievance or review procedure is available or the complaint could be more reasonably dealt with under another Act of Parliament, it can refer the complaint to the appropriate authority.

2. If the CHRC is satisfied that having regard to all of the circumstances of the complaint an inquiry is warranted, it may request the institution of an inquiry by the Canadian Human Rights Tribunal.

3. If the CHRC is satisfied that having regard to all of the circumstances of the complaint an inquiry is not warranted or if the complaint should be dismissed for any of the reasons set out in s. 41(1)(c) to (e), it may dismiss the complaint.

4. The CHRC may also, for the purpose of attempting to bring about the settlement of the complaint, appoint a conciliator.