White Paper: Administrative Law at Work
The Canadian Human Rights Commission
The Canadian Human Rights Commission is one of the most important administrative agencies within the federal government. It is an independent agency established by parliament in 1977 and has as its core responsibility administration of the Canadian Human Rights Act and address of complaints under the Act.
The Canadian Human Rights Act prohibits discrimination on a wide variety of grounds, such as
- race
- national or ethnic origin
- colour
- religion
- sex, including gender-based pay inequity
- age
- marital status
- family status
- sexual orientation
- disability
- conviction for which a pardon has been granted
The Canadian Human Rights Commission applies this Act to all areas of federal jurisdiction, including
- federal departments, agencies, and Crown corporations
- chartered banks
- airlines
- television and radio stations
- interprovincial communications and telephone companies
- bus lines and railways that travel between provinces
- First Nations
The commission deals with a substantial caseload of complaints every year—17,478 initial complaints of discrimination in 2005, for example—and so it has developed a multifaceted case management system.
The commission is pledged to address all complaints of discrimination with sensitivity and fairness, but not necessarily with identical treatment. The commission reserves the right to dismiss frivolous and vexatious claims that do not advance a bona fide allegation of discrimination.
The commission also attempts to resolve bona fide complaints through mediation and conciliation, such that the complainant and the respondent arrive at a mutually agreeable settlement without the need for a full quasi-judicial hearing. The vast majority of cases dealt with by the commission are resolved through such conciliation and mediation. It may also transfer cases of alleged discrimination to other bodies better suited to handle them, such as federal or provincial labour relations boards or workers’ compensation tribunals.
When a resolution cannot be reached and the matter is clearly within the jurisdiction of the commission, it will investigate and come to a decision about how the dispute should be resolved. If the parties cannot agree with the decision of the commission, the matter will be referred to the Canadian Human Rights Tribunal for a full quasi-judicial hearing.
The Canadian Human Rights Tribunal
The Canadian Human Rights Tribunal is a quasi-judicial body that hears cases advanced to it by the commission. The tribunal is like a court in that it is institutionally independent of the commission, the parties to the dispute, and the government of the day. Tribunal members are not judges but are experts in human rights law and jurisprudence and their decisions cannot be overturned by the government.
When the tribunal hears the case, the parties have the rights to counsel, to present their case, and to cross-examine the arguments and witnesses of the other side. The tribunal eventually renders a decision, which is legally binding on all the parties. This decision, however, can be appealed to the regular courts. Ultimately the Supreme Court of Canada possesses the final word on the matter.
Most cases never get that far. Allegations of discrimination are usually resolved through conciliation and mediation, or through the decision of the commission. Only a small minority move up to tribunal consideration, and the tribunal decision usually stands. Only a fraction of cases ever get to the courts, and only a fraction of those make it all the way to the Supreme Court of Canada.
This limited scope of judicial review simply highlights the practical importance of the commission and the tribunal. They bear chief responsibility for administering the federal Human Rights Act and play a pivotal role in promoting human rights policy and law in this country.
