III A COMPREHENSIVE SYSTEM
1. Widening the scope of action by adding new grounds
Key Question: What are your views on the addition of these proposed amendments to the CHRA? |
For a national human rights system to perform its role, it must be available comprehensively to all Canadians who suffer discrimination. Parliament has recognized that over the years the meaning of discrimination has expanded to include new groups and new grounds. The Commission seeks to address two areas of weakness, related to those which limit its ability to protect Aboriginal peoples and persons discriminated against on the basis of social condition.
Similarly, the Commission proposes that references to international human rights treaties be added to the preamble of the CHRA and that it be given the mandate and resources to report on the government’s domestic implementation of its international human rights obligations.
IV A PREVENTIVE AND FORWARD-LOOKING SYSTEM
1. Prevention
Key Questions: What are the elements of a good prevention strategy? Is the Web a good tool to be used in this area of activity? Are there other communication tools that could be used? What internal mechanisms have you or would you develop to prevent complaints to the CHRC? |
The Commission is committed to a broad strategy of prevention that seeks to engage with major respondents to assist them in putting in place a culture of human rights in the workplace. The Commission has established a Discrimination Prevention Branch designed to facilitate this role.
2. A Forward-Looking System
Key Questions: Which of these proactive tools would be most effective? Are there any other tools or proactive strategies that you would recommend? What indicators do you consider most critical for measuring human rights progress? What information would you find useful in a Human Rights Report Card? |
The Commission is proposing to undertake new initiatives aimed at advancing the objectives of the CHRA outside the complaints process. The use of proactive initiatives has been identified as a key strategy for achieving this goal. It has been recommended that the Commission should improve its ability to provide qualitative information about the state of human rights in Canada. One option would be for the Commission to use various tools to assess the human rights impact of new government initiatives and legislation.
The Commission is also working on the development of human indicators which would form the basis for periodic reporting on the state of human rights in Canada. The Commission will undertake consultations on this issue with interested stakeholders in 2005.
V: ENSURING GOOD GOVERNANCE
1. Independence and Impartiality
Key Questions: Is a stronger relationship with Parliament the most viable means of safeguarding the Commission's independence while ensuring strong accountability? How would this help your organization or support your mandate? What other means could help safeguard the Commission's independence while ensuring strong accountability? |
The Commission is not an instrument of government policy like any other federal department. It must often be critical of the government, even opposing it before tribunals and courts, which calls for a much different system of responsibility and accountability. The Commission believes that to avoid any perception of conflict, it needs to strengthen its relationship with Parliament in terms of financing and reporting.
2. Coherent Governance
Key Question: How important is it to your organization/mandate for the Commission to pursue means by which to ensure overall coherence with regards to the protection of human rights? |
Increasingly, the Commission has noted examples of other federal agencies making determinations that touch on human rights issues. Specialized bodies can play an important role, but the Commission would like to ensure that there is an overall coherence with regard to the protection of human rights, particularly in light of the quasi-constitutional status of the CHRA and CHRC’s mandate to administer the Act.