Memorandum of Understanding
between the Canadian Human Rights Commission
and the Canada Border Services Agency

1.  INTRODUCTION

1.1  The Canadian Human Rights Act was adopted by Parliament to give effect to the principle that all individuals should be treated equally.  In recognition of this important principle, the Canadian Human Rights Commission (the Commission) strongly supports preventive strategies aimed at reducing discrimination in the workplace and in the provision of services to the general public.

1.2 The Canada Border Services Agency (CBSA) and the Commission, hereinafter referred to as the “Participants”, recognize that reducing discrimination requires a proactive and systemic approach, and that it is in the best interests of the Participants to work together to resolve allegations of discrimination as early as possible.

2. OBJECTIVE AND SCOPE

2.1 The objective of this Memorandum of Understanding (MOU) is to record the agreement of the Participants to collaborate to prevent discrimination and to resolve complaints quickly.

3. RESPONSIBILITIES

3.1 The Participants will collaborate on preventive measures, and will take steps to deal efficiently with any complaints of discrimination that may arise either within the CBSA or from the general public.

3.2 The Participants will collaborate to prevent discrimination within, or by, the CBSA through training and education.

3.3 The Participants will identify ways in which they can work together to maximize the benefits of early resolution mechanisms before a human rights complaint is filed.

3.4 Upon learning of a human rights dispute, the CBSA may contact the Commission in order to initiate means to resolve the dispute before a human rights complaint is filed.  In turn, the Commission will offer available solutions, including, but not limited to, the provision of staff mediators to resolve the dispute, assistance in the development or enhancement of policies related to, or affected by, human rights matters, and the provision of training on the prevention of human rights abuses.

3.5 When a complaint is filed under the Canadian Human Rights Act, all efforts will be made by the CBSA to address the matter at the earliest opportunity through all-party discussions, joint identification of the issues and alternative dispute resolution, where appropriate. This includes a commitment by the CBSA to designate representatives with full authority to deal with complaints promptly and appropriately.

3.6 When a complaint cannot be resolved, the CBSA undertakes to cooperate in all subsequent steps to ensure that the complaint process is completed in a timely manner taking into consideration the unique nature of its operations.

3.7 The Commission undertakes to ensure that its processes are flexible, transparent, objective and timely.

4. FINANCIAL ARRANGEMENTS

4.1 This MOU will not impose any financial responsibilities on its Participants, except that each Participant will be responsible for the funding costs it incurs in its own interest, related to the support of the MOU.

5. POINTS OF CONTACT

5.1 The Participants’ representatives will meet regularly to promote a good working relationship.

6. INTERPRETATION

6.1 Any matter regarding the interpretation or implementation of this MOU will be resolved only by consultation between the Participants.

6.2 Nothing in this MOU derogates from the powers of either participant as established under law.

7. AMENDMENT

7.1 This MOU may be modified at any time with the written consent of both Participants.

8. REVIEW

8.1 This MOU will be reviewed every twelve months after the effective date to assess progress.

8.2 Either Participant may discontinue participation in this MOU on presentation of three months written notice to the other Participant, or by mutual written consent of the Participants.

9. EFFECTIVE DATE  AND SIGNATURE

9.1 This MOU will enter into effect on the date of the later signature.

Mary Gusella
Chief Commissioner
Canadian Human Rights Commission

Alain Jolicoeur
President
Canada Border Services Agency

Signed in Ottawa
this 7th day of the month of December, 2005.