Memorandum of Understanding
between the Canadian Human Rights Commission
and Bell Canada

INTRODUCTION

1. The Canadian Human Rights Act (CHRA) gives effect to the following principle: that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have and to have their needs accommodated, consistent with their duties and obligations as members of society, without being hindered in or prevented from doing so by discriminatory practices based on race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability or conviction for an offence for which a pardon has been granted. The Employment Equity Act (EEA) gives effect to the same principle and stipulates that women, aboriginal peoples, persons with disabilities and members of visible minorities cannot be denied employment opportunities or benefits for reasons unrelated to ability.

2. In recognition of this important principle, the Canadian Human Rights Commission ("the Commission") strongly supports federally regulated employers in their strategies aimed at preventing discrimination in the workplace and in the provision of goods and services to the general public. This mandate is conferred upon the Commission pursuant to section 27 of the CHRA that stipulates that : " the Commission :(a) shall develop and conduct information programs to foster public understanding of this Act and of the role and activities of the Commission thereunder and to foster public recognition of the principle described in section 2; (h) shall, so far as is practical and consistent with the application of Part III, try by persuasion, publicity or any other means that it considers appropriate to discourage and reduce discriminatory practices referred to in sections 5 to 14.1."

3. In this context, Bell Canada and the Commission recognize that it is in the best interest of all parties to collaborate on preventive measures aimed at reducing discrimination in the workplace and to work together to resolve allegations of discrimination as early as possible, where applicable.

RESPONSIBILITIES

4. Bell Canada and the Commission agree to collaborate to prevent discrimination within Bell Canada through training and education. Any initiative that is implemented to prevent discrimination may be undertaken equally in the spirit of the CHRA or of the EEA.

5. Where applicable, Bell Canada and the Commission commit to identify ways to maximize the benefits of early dispute resolution mechanisms before a human rights complaint is filed.

6. Upon learning of the existence of a human rights dispute in the workplace, Bell Canada can turn to the Commission to find ways of resolving the dispute before a human rights complaint is filed. In turn, the Commission can offer solutions acceptable to Bell Canada, including, but not limited to, the provision of neutral mediators or early resolution advisors to resolve disputes.

7. If a complaint is filed under the CHRA, the parties agree, if applicable, to explore ways of resolving the allegations of discrimination as early as possible. Measures such as all-party discussions, joint identification of the issues and alternative dispute resolution may be utilized.

8. If a complaint cannot be resolved, Bell Canada will fulfill its responsibilities according to the Act, in all subsequent steps of the process, to ensure that the complaint process is completed in a timely manner, taking into consideration the unique nature of its operations. It is agreed that this process does not waive the responsibility of the Commission, nor the fact that the Commission is the sole investigative authority on complaints under the CHRA. The Commission is committed to processes that are flexible, transparent, objective and abide by the rules of natural justice.

IMPLEMENTATION

9. Bell Canada and the Commission agree that their representatives will meet to identify prevention initiatives that they deem necessary for the implementation of this memorandum. In this respect, a general action plan will be completed within three months of the date of the signature of the present memorandum.

LIAISON MECHANISM

10. Bell Canada and the Commission agree that their representatives will meet regularly to promote a good working relationship between the two organizations, and that this memorandum will be reviewed to assess its progress and update the general action plan after twelve (12) months of the date of signature.

INTERPRETATION

11. Nothing in this memorandum of understanding derogates from the powers of the Commissioners under the CHRA, nor adversely affects activities undertaken pursuant to the Employment Equity Act (EEA), nor does it impose any additional legal or financial obligations on Bell Canada, not provided for under the CHRA. This does not constitute an abdication of Bell Canada’s right to grounds of defence.

MODIFICATION

12. This Memorandum of Understanding can be modified at any time with the agreement of both parties and each party can terminate this memorandum at any time, by written notice to the other party.

EFFECTIVE DATE AND SIGNATURE

Jennifer Lynch, Q.C.
Chief Commissioner
Canadian Human Rights Commission

Léo W. Houle
Chief Talent Officer
Bell Canada

Signed at Montreal on the 21st day of the month of May, 2008.