Canadian Human Rights Commission
Encyclopedia
The Canadian Human Rights Commission is a quasi-judicial body that was established in 1977 by the government of Canada
. It is empowered under the Canadian Human Rights Act
to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. The CHRC is also empowered under the Employment Equity Act
to ensure that federally regulated employers provide equal opportunities
for four designated groups: women, Aboriginal
people, the disabled and visible minorities. The CHRC helps enforce these human rights and inform the general public and employers of these rights.
Both these laws apply to federally regulated organizations. This includes federal government departments and agencies, Crown corporations, and private sector organizations such as banks, airlines, as well as transportation and telecommunication companies.
Under the Canadian Human Rights Act, the Commission protects the human rights of all individuals lawfully present in Canada. It promotes a vision for Canada where all individuals have equal opportunity and are able to live their lives free from discrimination.
The Commission is responsible for dealing with allegations of discrimination. By law, it is bound to screen every discrimination complaint it receives. When possible, the Commission encourages people to try to solve their disputes informally.
In the event people are unable to solve the matter themselves, the Commission may conduct an investigation. If it believes the complaint has merit, the Commission can send it to the Canadian Human Rights Tribunal for further examination. Otherwise, the complaint is dismissed.
In some instances, the Commission can also appear before the Tribunal. This occurs when the Commission feels that the complaint deals with a matter of public interest. This includes decisions that have the potential to clarify, influence, shape or define human rights law in Canada.
Under the Employment Equity Act, the Commission promotes equality in the workplace for the four designated groups: women, Aboriginal peoples, persons with disabilities and members of visible minorities. It works with employers to ensure no person is denied employment opportunities or benefits for reasons unrelated to their abilities. To this end, the Commission conducts compliance audits to help employers meet the requirements of the Employment Equity Act.
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. It is empowered under the Canadian Human Rights Act
Canadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
to investigate and try to settle complaints of discrimination in employment and in the provision of services within federal jurisdiction. The CHRC is also empowered under the Employment Equity Act
Employment equity (Canada)
Employment equity, as defined in Canadian law by the Employment Equity Act, requires employers to engage in proactive employment practices to increase the representation of four designated groups: women, people with disabilities, Aboriginal peoples, and visible minorities...
to ensure that federally regulated employers provide equal opportunities
Equal opportunity
Equal opportunity, or equality of opportunity, is a controversial political concept; and an important informal decision-making standard without a precise definition involving fair choices within the public sphere...
for four designated groups: women, Aboriginal
Aboriginal peoples in Canada
Aboriginal peoples in Canada comprise the First Nations, Inuit and Métis. The descriptors "Indian" and "Eskimo" have fallen into disuse in Canada and are commonly considered pejorative....
people, the disabled and visible minorities. The CHRC helps enforce these human rights and inform the general public and employers of these rights.
Organization and structure
The Canadian Human Rights Commission was established by Parliament in 1977 to administer the Canadian Human Rights Act. Its role was later expanded to include the Employment Equity Act.Both these laws apply to federally regulated organizations. This includes federal government departments and agencies, Crown corporations, and private sector organizations such as banks, airlines, as well as transportation and telecommunication companies.
Under the Canadian Human Rights Act, the Commission protects the human rights of all individuals lawfully present in Canada. It promotes a vision for Canada where all individuals have equal opportunity and are able to live their lives free from discrimination.
The Commission is responsible for dealing with allegations of discrimination. By law, it is bound to screen every discrimination complaint it receives. When possible, the Commission encourages people to try to solve their disputes informally.
In the event people are unable to solve the matter themselves, the Commission may conduct an investigation. If it believes the complaint has merit, the Commission can send it to the Canadian Human Rights Tribunal for further examination. Otherwise, the complaint is dismissed.
In some instances, the Commission can also appear before the Tribunal. This occurs when the Commission feels that the complaint deals with a matter of public interest. This includes decisions that have the potential to clarify, influence, shape or define human rights law in Canada.
Under the Employment Equity Act, the Commission promotes equality in the workplace for the four designated groups: women, Aboriginal peoples, persons with disabilities and members of visible minorities. It works with employers to ensure no person is denied employment opportunities or benefits for reasons unrelated to their abilities. To this end, the Commission conducts compliance audits to help employers meet the requirements of the Employment Equity Act.
Criticism and controversy
The Commission has been criticized over its investigations of alleged hate speech as well as its procedures regarding admissibility of evidence and allegations of improper behaviour by investigators.See also
- Human Rights CommissionHuman rights commissionA Human Rights Commission is a body set up to investigate, promote or protect human rights.The term may refer to international, national or subnational bodies set up for this purpose, such as national human rights institutions or truth and reconciliation commissions.-International Human Rights...
- Canadian Human Rights ActCanadian Human Rights ActThe Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
- Canadian Human Rights Commission free speech controversy
- Human Rights in CanadaHuman rights in CanadaSince signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law...
- Canadian Human Rights TribunalCanadian Human Rights TribunalThe Canadian Human Rights Tribunal is an administrative tribunal established in 1977 by the Canadian Human Rights Act. It is directly funded by the Parliament of Canada and is independent of the Canadian Human Rights Commission which refers cases to it for adjudication under the Act.The Tribunal...
- Kangaroo CourtKangaroo courtA kangaroo court is "a mock court in which the principles of law and justice are disregarded or perverted".The outcome of a trial by kangaroo court is essentially determined in advance, usually for the purpose of ensuring conviction, either by going through the motions of manipulated procedure or...