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Overview

Resolving Disputes

Tools and Resources

Some complaints raise broader public interest issues, i.e., issues that go beyond the complainant's individual situation and interests. These issues must be addressed through any remedy that is achieved in order to satisfy the Commission's mandate.

Commitment to respect the Act

It is possible to include a term which requires the respondent to make a commitment to abide by theCHRA. This might be manifested by displaying a poster or plaque or by contacting clients or community organizations with this message.

Educational seminars

Educational seminars are a common element in terms of settlement. They are most effective when there is evidence that the respondent and its representatives are unaware of the law or of human rights principles. The seminars can be aimed at the alleged discriminator or a larger group of employees.

Commission staff will occasionally agree to conduct training programs that are part of a settlement to a complaint. When this is not possible, however, the respondent is responsible for obtaining the appropriate training from other sources.

Policy Development

Many times, a complete preventive settlement requires the respondent to develop and promulgate a policy to prevent similar discriminatory acts from occurring in the future. This is quite common in harassment complaints. The general principle is that the respondent should develop the policy itself. The final policy may be attached to a settlement, or the settlement may be written in such a way that the policy is to be developed and submitted to the Commission at a later date. If the policy is to be submitted later, the minutes of settlement must specify the time frame and, where appropriate, make it clear that the policy is subject to the Commission's approval.

Policy proposals should be reviewed by the Policy and International Activities Branch, the Legal Services Branch or other sections of the Commission if appropriate, before being presented to the Commission as part of a settlement package.

Special Programs

Subparagraph 53(2)(a)(i) of the Act provides that to prevent future discrimination, the respondent be required to adopt a special program referred to in subsection 16(1) of the Act. In some cases, it may appear appropriate to seek the implementation of such a program. However, this type of remedy should not be pursued without first obtaining advice.

Other systemic remedies

Where discrimination has resulted in an adverse impact on a protected group, the Commission may seek prospective relief from a respondent. Affirmative remedies may include affirmative recruitment, the establishment of goals and timetables to remedy under-representation of groups, and the establishment of special training programs for group members.

Donation to a charitable organization

In recognition of issues arising in a matter, a term of settlement could be that the respondent make a donation to a charitable organization advocating the principles asserted by the complainant.

Reporting requirements

An appropriate preventive remedy may include periodic reports to the Commission for a specified period of time on changes in a respondent's practices, workforce, or other information.

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