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Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The Commission works toward equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the CHRA and the EEA by federally regulated employers and service providers, as well as the public they serve. All Canadians benefit when organizations are sensitive to human rights, consider differing needs, and respond to misunderstandings before they develop into discrimination complaints.

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Program Activity: Human Rights Knowledge Development and Dissemination Program

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Program Activity Description

This program helps foster both an understanding of and compliance with the CHRA and the EEA. Knowledge development also ensures that programs, interventions and decisions are grounded in evidence and best practices. Knowledge products include research, policies, regulatory instruments and special reports. Information and advice are provided to the Commission itself, Parliament, federal departments and agencies, Crown corporations, federally regulated private sector organizations, and the public. Partnerships with other human rights commissions as well as with governmental, non-governmental, research and international organizations are formed and maintained to leverage knowledge development and dissemination activities in areas of common interest.

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
3,789	3,515	3,331

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
25	22	3

Expected Results	Performance Indicators	Targets	Performance Status
Awareness and understanding of the Acts are increased among federally regulated employers and service providers, as well as the public whom they serve.	Number of new knowledge products and activities.	Eight (8) per year.	Exceeded
	Percentage change in the number of visits to the website and subscribers for information updates.	5 percent increase by March 2011.	Exceeded
	Percentage of human resource managers in federal government departments who are aware of the employer requirements under the Acts.	Baseline established by March 2010.	After consultation with central agencies, this survey was not feasible.*
http://www.chrc-ccdp.gc.ca/knowledge_connaissances/default-eng.aspx

^* This performance indicator was replaced in 2011 and expanded to include measurement criteria beyond the public service.

Performance Summary and Analysis of Program Activity

The Commission creates knowledge and undertakes activities with the intention that recipients will understand the main messages of the Acts and of human rights issues in Canada. With key stakeholder involvement in developing products, broad distribution and easy access online, Canadians benefit from the sharing of high-quality and easily accessible knowledge. The increase of over 15 percent in website visits indicates a continued interest in the work of the Commission. The Commission also produced 12 new knowledge products and held four significant knowledge sharing activities.³

The Commission also contributed to the formal recognition of the role and capacities of national human rights institutions in international policy frameworks with regard to promotion, prevention and redress for human rights impacted by business activities.

Further, the Commission shared its expertise on issues that affect Canadians by appearing before Parliamentary Committees. In 2010-11, the Commission appeared before four House of Commons and Senate Committee hearings related to: the rights of indigenous people; mandatory retirement; and the prevention of unfair treatment in the application of security measures.

NAI and section 67

In 2010-11, the Commission continued its work to raise awareness of the CHRA among Aboriginal peoples, and began initiatives to strengthen the capacity of First Nations to prevent, manage, and resolve human rights issues. Your Guide to Understanding the CHRA provided clear language on human rights protections and the complaint process to First Nations and other Aboriginal people.

In addition, the Commission contributed to increasing the capacity of First Nations to address human rights issues through a project to develop dispute resolution processes at the community level. Guiding principles for the establishment of community based dispute resolution processes were developed and discussed with First Nations and other Aboriginal organizations. The publication, Human Rights Handbook for First Nations, will be officially released in June 2011.

The Commission provided comments before the United Nations Human Rights Council on the collective rights of Aboriginal people in Canada, and participated with other National Human Rights Institutions (NHRIs) in sharing best practices on the role that NHRIs can play in advancing the rights of Indigenous peoples domestically and internationally.

Systemic Discrimination

Systemic discrimination is the creation, perpetuation or reinforcement of persistent patterns of inequality among disadvantaged groups. It is usually the result of seemingly neutral legislation, policies, procedures, practices or organizational structures. The effect is to create barriers to full participation in society. These include barriers to employment, benefits, services, and the physical environment. Resolving systemic human rights issues will have a positive impact on a broad range of Canadians as well as on the systems and programs that create inequality. To assist the identification of and ensure an integrated approach, the Commission has developed a Framework to Better Address Systemic Discrimination. This framework has enabled the Commission to establish priorities for the systemic issues identified, one of which is persons with disabilities.

The Commission has determined that systemic barriers exist that prevent Canadians with disabilities from participating fully in society. After extensive consultations with key stakeholders, a Disability Action Plan was developed. The Commission's role will include, for example, partnering with the Mental Health Commission of Canada to remove barriers in the workplace for Canadians with mental health issues; supporting research examining the evolution of jurisprudence on accommodating people with disabilities; identifying gaps that still exist; and, intervening in precedent setting court cases to advance the rights of Canadians with disabilities.

Security and Human Rights

There is no greater responsibility for a government than the protection and safety of its citizens. The challenge is to develop measures that safeguard national security while protecting human rights and preventing unfair treatment. The Commission provided human rights knowledge and guidance to organizations responsible for national security. Specifically, the Commission produced a guide, Developing Security Measures that Respect Human Rights, to address impacts on human rights early in the process of developing security measures.

Equality Rights Framework

Statistical agencies collect a wealth of socio-economic data, but the lack of consolidated data on equality rights makes it difficult for Canadian institutions such as human rights commissions, provincial and territorial governments, non-governmental organisations and community organizations to make evidence-based decisions about policy and program interventions. To fill that gap, the Commission published the Framework for Documenting Equality Rights. The Framework is a tool for developing a consolidated portrait of equality in Canada. The Commission will use the Framework to support research and program activities as well as to produce reports.

Lessons Learned

There are many human rights issues that deserve to be the subject of Commission-initiated research, policy development or special reports. The Commission is unable to address all of these because of limited resources. As a result, the Commission must focus its knowledge development activities where they can have the greatest possible impact. It has been beneficial to pursue partnerships and other collaborative opportunities with a view to leveraging resources and engaging stakeholders in advancing human rights knowledge development and dissemination.

Internal training, tools and guidance were developed to ready CHRC staff and decision makers for the realities of considering First Nations legal traditions and customary laws in dealing with collective rights issues in the context of human rights complaints. While the work undertaken has been essential, the Commission has learned that further dialogue is necessary to develop a shared understanding of how First Nations legal traditions and customary laws will be recognized in the context of human rights protection.

Program Activity: Discrimination Prevention Program

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Program Activity Description

This program helps foster and sustain a human rights culture in federally regulated organizations by promoting continuous improvement of an organization's human rights competencies. Prevention initiatives, employment equity audits, learning programs and events are among the program's tools to promote discrimination prevention and achieve employment equity objectives. Stakeholder engagement involves federal departments and agencies, Crown corporations, private sector organizations, provincial and territorial government bodies, international agencies, unions and other non-governmental organizations.

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
4,515	5,177	4,987

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
42	39	3

Expected Results	Performance Indicators	Targets	Performance Status
Federally regulated employers and service providers are committed to preventing discrimination and to resolving disputes internally.	Number of prevention initiatives completed.	50 a year.	Exceeded
	Percentage of Memoranda of Understanding signatories surveyed bi-annually who demonstrate commitment.	60 percent.	Exceeded
	Federally regulated organizations willing to pilot test the CHRC Integrated Human Rights Maturity Model.	Five (5)	Exceeded
	Progress made by federally regulated organizations on the maturity model continuum.	Increase of one level of human rights maturity by a pilot site after one year of pilot testing.	Unable to measure as one year of pilot testing is not yet complete.
The employment equity audit model is contributing to audited organizations meeting their employment equity plan goals.	Number of audits completed.	40 a year.	Exceeded
	Percentage of audited organizations that will have met their employment equity plan goals within six (6) years of the first employment equity audit.	50 percent by March 2011.	Updated*
	Decrease in total representation gap in designated employment equity groups.	Establish baseline by March 2011.	Met All
http://www.chrc-ccdp.gc.ca/preventing_discrimination/default-eng.aspx

^* This indicator has been updated to be a reduction in the gap between workforce representation and the workforce availability in each designated EE group.

Performance Summary and Analysis of Program Activity

The Discrimination Prevention Program helped federally regulated employers implement workforce practices that continuously improve human rights competency. The Program integrated multiple processes to:

• encourage recruitment, retention and representation that reflects Canada's diversity;
• foster efficient, collaborative and innovative workplaces; and
• empower and support employees and managers in making a difference in their workplaces.

In 2010-11, the Commission completed more than 50 prevention initiatives. These activities ranged from general consultations, presentation sessions, training workshops, and training-for-trainers sessions with some organizations, to establishing collaborative initiatives with MOU signatories.⁴ In addition, the Commission hosted a successful Discrimination Prevention Forum in November 2010 in Winnipeg. This forum brought together more than 150 representatives from employer organizations, industry associations, unions and Aboriginal communities. Extremely positive evaluation results were received.

The Commission began pilot tests on the Human Rights Maturity Model (HRMM) with eight private and public sector organizations. The HRMM leads employers through a step-by-step process building on five key elements to integrate human rights into all aspects of an organization and create a self-sustaining human rights culture. The results of the pilot test are expected later in 2011, with a planned public launch of the HRMM in November 2011. Work has progressed rapidly with an online HRMM application to further assist employers in preventing discrimination.

The Commission also promotes equality in the workplace for the four designated groups identified in the Employment Equity Act: women, Aboriginal peoples, persons with disabilities and members of visible minorities. The Commission is responsible for ensuring that federally regulated organizations comply with the Act. Federally regulated organizations include around 550 employers in private sector fields such as banking, telecommunications and transportation, as well as about 100 public sector departments and agencies.

The Commission modernized its employment equity (EE) audit program to focus efforts on those employers with lower overall EE results than their counterparts within their own sector. This risk-based approach enabled the Commission to work with 82 employers in 2010-11, doubling the average of 40 employers per year-without additional resources. The audit reports have become an effective communication tool for the promotion of the Commission's policies and priorities. Audited employers were encouraged to further enhance their human rights capacity by piloting the HRMM initiative: three agreed to participate in the pilot phase.

To directly assess the EE audit program's impact on the fair representation of designated groups in the federally regulated workforce, the Commission decided to replace one of the current performance indicators. Instead of evaluating the progress of individual employer EE goals, the Commission will focus on reducing the percentage gap between the overall availability and the actual representation of designated groups in the federally regulated workforce. To do so, a baseline was established to identify the current gap and to track changes over the short and long terms.

Lessons Learned

By combining the principles of employment equity with the Human Rights Maturity Model (HRMM), the Commission is working with employers and service providers to maximize the tools at their disposal to prevent discrimination. Promotional work on the HRMM generated considerable demand for additional prevention training and tools. The Commission was able to respond to this demand due to the changes implemented through the Strategic Alignment Initiative (started in 2009), which anticipated this surge and therefore concentrated resources in prevention services. While many organizations seemed to welcome the new approach and readily considered implementation, others appeared more cautious in accepting the results-based methodology of the HRMM. The Commission needed to dedicate more energy to overcome the challenges of promoting and marketing a new concept to stakeholders who more typically interacted with the Commission through complaints or audits.

Program Activity: Human Rights Dispute Resolution Program

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Program Activity Description

This program addresses discrimination by dealing with individual and systemic complaints and issues brought by individuals or groups of individuals against federally regulated employers and service providers. The Commission exercises its discretion in choosing the most appropriate dispute resolution method, including investigation, mediation and conciliation. The Commission also serves as a screening body in determining whether further inquiry is warranted, participates in all pre-tribunal mediations and represents the public at the Canadian Human Rights Tribunal.

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
8,109	8,775	8,660

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
74	70	4

Expected Results	Performance Indicators	Targets	Performance Status
Parties to disputes are satisfied with the dispute resolution process.	When surveyed, parties to disputes report they are satisfied that the dispute resolution process was fair, user-friendly and/or flexible.	Baseline to be established.	Met All
Commission involvement in human rights disputes facilitates the resolution of disputes in a non-adversarial manner at the earliest stage possible, ensures that the public interest is addressed and increases understanding of the CHRA.	By 2011, the percentage of disputes settled at the Commission out of the total of those dealt with.	40 percent by 2011, or a benchmark established after one year of collecting data.	Somewhat met
	The ratio between the number of new disputes opened and the number of disputes dealt with along the full dispute resolution continuum.	A 1:1 balance.	Met All
http://www.chrc-ccdp.gc.ca/disputeresolution_reglementdifferends/default-eng.aspx

Performance Summary and Analysis of Program Activity

During the reporting period, the Dispute Resolution Branch made progress towards its expected results. In particular, a 1:1 ratio was maintained between the number of new disputes and the number of disputes dealt with despite an increase in complaints for a third consecutive year. This was accomplished by completing 40 percent more complaints than the previous year without additional resources. While the level of resources allocated to deal with the additional workload remained constant, 29 percent of disputes were settled in 2010-11 and a settlement benchmark was established.⁵

To establish a target to determine satisfaction with the dispute resolution process, the Commission undertook an initial survey of both complainants and respondents who participated in a mediation process. This survey reported an average 65 percent level of satisfaction with the agreement achieved and a 78 percent level of confidence in the agreement. These levels have been adopted as the survey baseline.

The Commission represented the public interest in a number of cases in 2010-11 to clarify and further define a contemporary understanding of human rights law in Canada. The Commission made submissions to the Supreme Court of Canada that "expenses arising out of the discriminatory practice" should include legal expenses of complainants who had proven discrimination.⁶ The Commission also argued before the Federal Court that the prohibited ground family status in the CHRA ought to continue to be broadly interpreted in cases of discrimination.⁷

The Commission faces an ongoing challenge with regard to a Canadian Human Rights Tribunal decision narrowing the scope of the federal government's obligations related to the funding of services to First Nations. This particular case originated with a complaint that federal funding for on-reserve child welfare services is inequitable and discriminatory. The Commission filed an application to the Federal Court for judicial review, effectively appealing the Tribunal's decision.⁸

Lessons Learned

Coping with a steady increase in workloads with existing resources has demonstrated the importance of a skilled and knowledgeable staff that can take on different responsibilities such as the intake of new complaints. Additional streamlining measures were identified and several processes re-engineered with the participation of these same staff members to maximize production without interruption to the Commission's overall performance. While the complaints processed in 2010-11 met performance targets, the impact of a potential secondary swell in complaints in 2011-12 due to the repeal of section 67 in June 2011, may challenge the Commission.

Program Activity: Internal Services

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Program Activity Description

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Corporate Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across the organization and not to those provided specifically to a program.

2010-11 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
6,062	6,757	6,089

2010-11 Human Resources (FTEs)

Planned	Actual	Difference
56	52	4

Performance Summary and Analysis of Program Activity

The Commission is committed to achieving excellence in its management of corporate services. It considers the Management Accountability Framework (MAF) and service assessment exercises valuable tools to monitor its progress. In 2009, the Treasury Board Secretariat (TBS) highlighted the significant improvements that the Commission had made since its first MAF assessment in 2006. During 2010-11, the Commission continued its practice of monitoring internal service performance with an external review of Internal Controls and Financial Reporting to ensure compliance with auditing standards. Further, the Financial Statements under Section III of this document were provided to the Office of the Comptroller General for examination and comment prior to publication.

Progress was also achieved on strengthening the Commission's internal security practices and emergency and business continuity management. In fiscal year 2010-11, Internal Services focused on putting the following security services into practice:

(i) implemented an updated business continuity and an emergency plan;

(ii) addressed all recommendations from a threat and risk assessment to improve the Commission's physical security posture;

(iii) complied with the new Directive on Identity Management and the implementation of additional security screening measures; and

(iv) fully implemented the Government Security Policy with respect to the use of the Security Requirements Check List when contracting for goods and services.

Lessons Learned

To reduce the internal perception of delays during various staffing and contractual processes, service standards were established in cooperation with the Commission's Committee of Senior Officials and communicated to all delegated managers. These efforts were expanded to all business lines within Internal Services of the Corporate Management Branch and initial performance monitoring and reporting will begin in 2011-12.

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