Resources

Frequently Asked Questions

About the Commission

• What is the role of the Commission?
• What are the tools at the disposal of the Commission?
• Can the Commission initiate a complaint?
• Can the Commission say that discrimination has occurred?
• Are the rules of evidence of the Commission as strict as those used by the courts?

What is the role of the Commission?

Under the Canadian Human Rights Act, the role of the Commission is to try to resolve and to investigate allegations of discrimination in employment and in the provision of services within federal jurisdiction. Under the Employment Equity Act, the Commission’s role is to ensure that federally regulated employers provide equal opportunities for employment to the four designated groups: women, Aboriginal people, persons with disabilities and members of visible minorities.

Among other things, the Commission also has the mandate to develop and conduct information and prevention programs, to undertake or sponsor research activities, and to report to Parliament annually.

The Commission has jurisdiction over all federally regulated organizations.

All provinces and territories have similar laws forbidding discrimination in their areas of jurisdiction.

What are the tools at the disposal of the Commission?

The Commission has a variety of tools at its disposal to help it administer the Canadian Human Rights Act and the Employment Equity Act.

The Commission can issue special reports to Parliament on a specific human rights issue. It can conduct audit reviews of employers to ensure they comply with the Employment Equity Act.

It can also develop and conduct information programs to foster public understanding of the Acts and of the activities of the Commission.

Within its complaint process, the Commission also relies on alternative dispute resolution tools, such as preliminary assessment, mediation and conciliation.

Can the Commission initiate a complaint?

Under the Canadian Human Rights Act, the Commission can initiate complaints, but it has rarely done so in the past. At present, almost all of the complaints the Commission investigates are initiated by individuals or organizations.

Can the Commission say that discrimination has occurred?

No, the Commission can only assess the evidence gathered to determine whether further inquiry is warranted. If it feels that it is, the case will be referred to the Canadian Human Rights Tribunal.

On the other hand, it will dismiss a complaint if the allegations are not supported by the evidence.

Commissioners may also decide to send a case to conciliation to assist the parties in reaching a settlement.

Are the rules of evidence of the Commission as strict as those used by the courts?

The Commission is not a tribunal and does not rule on cases. The Commission determines whether further inquiry is warranted. As such, its rules of evidence are not those used by the courts. Still, it must ensure that procedural fairness is respected.