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ARCHIVED - RPP 2006-2007
Canadian Human Rights Commission


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SECTION I – OVERVIEW

The Chief Commissioner's Message

This past year has marked the end of one phase of a change process and the start of a new phase. This change process was commenced in 2002 and has resulted in significant improvements to the manner in which the Commission delivers its service to the public.

In 2005, the Commission restructured to better support its mandate and the changes which were implemented over the past three years. This organizational realignment will enable the Commission to deliver its mandate, as intended by Parliament under the Canadian Human Rights Act: redressing discrimination through a fair and efficient process; preventing discrimination before it occurs; carrying out research and studies for the advancement of human rights; and fostering public understanding of human rights and freedoms.

Over the past year, the Commission's new business model has been fully implemented and has produced intended results. The backlog of complaint-related cases is under control, and measures are in place to ensure that the situation will not reoccur. More resources are directed to the early stages of the complaint process, and numerous alternative dispute resolution options are offered at every step. A learning strategy has been developed to help employees achieve peak performance.

The implementation of the new business model combined with prudent stewardship has resulted in significant savings which are being invested in emerging priorities and new work to advance human rights: developing further prevention initiatives and generating more human rights knowledge for use by Canadian society.

For the next reporting period, the Commission has set itself four main priorities. First, to complete the design of a new human rights knowledge development program and to implement it. This program will bring the necessary focus and resources to formalize and advance thinking on human rights issues. The synthesis of human rights knowledge will enable the Commission to develop policy and regulations and will, hopefully, stimulate discussion and help advance human rights farther in our society.

As a second priority, the Commission will enhance and expand its prevention program to include more employers/service providers and other stakeholders. It will negotiate and enter into agreements with more organizations to assist them in reducing discrimination in workplaces or service delivery areas; develop partnerships based on preventing discrimination with a broader range of stakeholders; and refine tools and provide ongoing training and workshops on discrimination prevention.

Another Commission priority over the next reporting period will be to continue providing an effective dispute resolution process. We will focus on the earliest stages of the process, through a continuing strong emphasis on resolving disputes. We will also continue to enhance the effectiveness of investigations and to implement a litigation strategy that targets litigation resources on those cases with the greatest impact on human rights.

Finally, the Commission will also give priority to improving the integration of employment equity audits into other prevention initiatives and create synergies between the employment equity audit program and other prevention-related activities. The Commission will continue to select appropriate opportunities to bridge its work under the Employment Equity Act with work under the Canadian Human Rights Act; and to identify efficiencies and opportunities for the development of operational standards.

The new management framework ensures a more effective use of resources and better accountability. A capacity for ongoing change and continuous improvement have become a regular feature of our business model as we continue to adapt to a changing human rights environment. No system is perfect. However, with these checks and balances in place and good management practices, we are confident that the new business model will enable the Commission to deliver superior, timely and focused human rights to Canadians now and in the future.

 




Mary Gusella
Chief Commissioner


Management Representation Statement

I submit, for tabling in Parliament, the 2006-2007 Report on Plans and Priorities (RPP) for the Canadian Human Rights Commission.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

  • It adheres to the specific reporting requirements outlined in the TBS guidance;
  • It is based on the Commission's approved Program Activity Architecture structure as reflected in its MRRS;
  • It presents consistent, comprehensive, balanced and reliable information;
  • It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  • It reports finances based on approved planned spending numbers from the Treasury Board Secretariat in the RPP.

 




Robert W. Ward
Secretary General



Summary Information


The Canadian Human Rights Commission (the Commission) was established in 1977 to administer the Canadian Human Rights Act. The purpose of the Act is to promote equality of opportunity and to protect individuals from discrimination 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 Commission also has a mandate under the Employment Equity Act, which seeks to achieve equality in the workplace and to correct the conditions of disadvantage in employment experienced by women, Aboriginal peoples, persons with disabilities and members of visible minorities. Both the Canadian Human Rights Act and the Employment Equity Act apply to federal departments and agencies, Crown corporations and federally regulated private-sector organizations.

The Commission is made up of a Chief Commissioner and up to six part-time members. The Chief Commissioner is appointed for a term of up to seven years; and the other Commissioners, for terms of up to three years. The Chief Commissioner is responsible for the operations of the Commission, supported by the Secretary General.

Financial Resources ($ thousands)


2006-2007
2007-2008
2008-2009
20,965
20,654
20,592

Human Resources (FTEs)


2006-2007
2007-2008
2008-2009
196
192
192

Commission Priorities


Priority
Type
Program Activity – Expected Results
Planned Spending
($ thousands)
2006-2007
2007-2008
2008-2009
Strategic Outcome: Equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the Canadian Human Rights Act and the Employment Equity Act
Design and implement a human rights knowledge development program Previously Committed Foster understanding of and compliance with the Canadian Human Rights Act
3,458
3,856 3,856
Enhance and expand the prevention program to include more employers/service providers and other stakeholders
Ongoing
Foster understanding of and compliance with the Canadian Human Rights Act 3,263 3,271
3,271
Continue to provide an effective dispute resolution process
Ongoing
Foster understanding of and compliance with the Canadian Human Rights Act
7,472
6,868
6,868
Improve the integration of employment equity audits into other prevention initiatives
Ongoing
Employment equity audits in federal and federally regulated workplaces 2,098
2,019
2,019

The Commission's Work and Canada's Performance

The Commission's strategic outcome aligns to the Government of Canada's strategic outcome of creating "an inclusive society that promotes linguistic duality and diversity." The Commission's activities positively impact society's level of understanding of equality and the barriers to it. The Government of Canada has identified indicators that measure its performance against the "inclusive society" outcome. The Commission's work advances the following Government of Canada performance indicators: attitudes toward diversity; discrimination and racism; mixed unions; and attitudes toward same-sex marriages.


Commission Plans and Priorities


PRIORITY

Design and implement a human rights knowledge development program


The human rights landscape is in constant evolution. To remain at the forefront of human rights knowledge, the Commission must foresee and understand the trends and shifts that are taking place in Canadian society. The human rights knowledge development program will bring the necessary focus and resources to formalize and advance thinking on human rights issues. It is envisioned that research will stimulate discussion and help shape Canadian society's views on human rights.

Plans

  • Complete the design of the human rights knowledge development program.
  • Create knowledge by monitoring trends, identifying issues, conducting research and bringing together experts in the field of human rights and sharing such knowledge with stakeholders.
  • Develop policy and regulations resulting from the synthesis of human rights knowledge development.
  • Provide advice and assistance to stakeholders on human rights issues.
  • Examine and propose action on systemic human rights issues.

PRIORITY

Enhance and expand the prevention program to include more employers/service providers and other stakeholders


The Commission seeks to increase respect for human rights in workplaces and service delivery areas by encouraging employers to ensure the principles of equality and human dignity are realized. The Discrimination Prevention Program works with employers on prevention-related activities to confront and deal with discriminatory behaviour in the workplace before it becomes a poisoned environment.

Plans

  • Negotiate and enter into agreements with more organizations to assist them in reducing discrimination in workplaces or service delivery areas.
  • Develop partnerships based on preventing discrimination with a broader range of stakeholders.
  • Refine tools and provide ongoing training and workshops on discrimination prevention.

PRIORITY

Continue to provide an effective dispute resolution process


An effective dispute resolution process is fundamental to protecting human rights. Focussing on the early stages of the dispute resolution process yields additional benefits by offering the opportunity to address incidents of discrimination before the positions of the parties involved become too rigid.

Plans

  • Focus on the earliest stages of the dispute resolution process to help parties address incidents of discrimination, using the most appropriate dispute resolution mechanisms.
  • Enhance the effectiveness of investigations by clarifying key human rights issues, legal principles and other factors the Commission may consider relevant in rendering decisions.
  • Continue to implement a litigation strategy that targets the Commission's litigation resources on those cases with the greatest impact on human rights.

PRIORITY

Improve the integration of employment equity audits into other prevention initiatives


Leveraging the work of the employment equity audit program and finding synergies with other Commission activities ensures that limited resources are used most effectively to achieve the Commission's strategic outcome.

Plans

  • Continue to select appropriate opportunities to bridge the Commission's work under the Employment Equity Act with work under the Canadian Human Rights Act.
  • Continue to identify efficiencies and opportunities for the development of operational standards.

Risks and Challenges of these Priorities

The Commission will continue to draw on the synergies among all its activities in order to have a greater impact on human rights issues. To date, efficiencies gained in the human rights complaint process have enabled the Commission to assign more resources to knowledge development, discrimination prevention and strategic initiatives. The knowledge gained through these efforts will guide the Commission's work in broader ways. The challenge for the Commission is to fulfill a growing list of concurrent operational and external demands with limited resources.

There is a risk that unexpected demands in any priority area may limit the Commission's ability to respond with appropriate resources to other priorities. The Commission's processes and initiatives are frequently dependent on external parties. These dependencies pose a risk to the efficiency and effectiveness of its activities, including:

  • Delays in participation by complainants and respondents impacting the timeliness and effectiveness of dispute resolution processes.
  • Lack of control regarding the length of Tribunal hearings.

At the government-wide level, the Commission's main challenges and risks include:

  • Changes in government priorities affecting the level of resources allocated to Commission priorities.
  • Recruiting and retaining skilled and specialized staff in a competitive environment.
  • Providing affordable work tools and training to facilitate innovation and operate efficiently.



SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

Analysis by Program Activity

Strategic Outcome

Equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the Canadian Human Rights Act and the Employment Equity Act.

Program Activity

A. Foster understanding of and compliance with the Canadian Human Rights Act.

Description

The Commission is engaged in knowledge transfer in Canadian society and internationally regarding human rights and equality as envisaged by the Canadian Human Rights Act (the Act). By monitoring trends, identifying issues and conducting research and studies, the Commission creates knowledge products. Sharing this knowledge and engaging stakeholders in the process promotes understanding of the Act and moves human rights issues forward.

The Commission fosters compliance with the Act by implementing strategies to prevent discrimination from occurring and by managing a comprehensive and effective dispute resolution process that focuses on resolving disputes early and providing recourse for those who believe that their rights, as set out in the Act, have been violated.

This fiscal year's priorities, taken collectively, involve increased use of knowledge vehicles such as research and prevention initiatives to foster understanding of the Act. These will be facilitated by the savings gained through refinements to the dispute resolution process.

Financial Resources ($ thousands)


2006-2007
2007-2008
2008-2009
18,241
18,015
17,962

Human Resources (FTEs)


2006-2007
2007-2008
2008-2009
171
167
167

Sub-activities

A1. Stakeholder outreach, policy research and development, public inquiries, national human rights institution-building and human rights impact assessments of government initiatives.

Description

The Commission has created a new Knowledge Centre responsible for research, statistical analysis and policy development. The Knowledge Centre initiates research and policy development, monitors trends in human rights, assesses the impact of government initiatives and examines the need for administrative and regulatory reform. The purpose is to create and share human rights knowledge within the Commission and with its stakeholders which positively impacts Canadian society.

In addition, the strategic initiatives program looks into systemic issues that have impacts on groups of people or on the overall human rights system, proposing action when required. Research, study and dialogue are the tools used by the program in its efforts to resolve human rights issues. It undertakes special studies or inquiries on particular matters or carries out public consultations.

This sub-activity supports the Commission's priority to design and implement a human rights knowledge development program. The expected outcome of this priority is to complete research and develop policy and other human rights knowledge products that help increase awareness of human rights issues.


Expected Results
Performance Indicators
Timely and accessible research, policy statements and background documents about human rights concepts and best practices
  • Information is available and accessed by Canadians
  • Information is topical

A2. Prevention initiatives and collaborative arrangements within the federal system to promote sound human rights practices in the workplace.

Description

The Commission's prevention activities are centred on working with federally regulated organizations to identify areas where improvements are required to create workplaces and service delivery centres that embrace a human rights culture.

This sub-activity supports the Commission's priority to enhance and expand the prevention program to include more employers/service providers and other stakeholders. The expected outcome of the priority is to have fewer complaints filed and an increased understanding of human rights within federally regulated workplaces.


Expected Results
Performance Indicators
Memoranda of Understanding (MOUs) are in place with additional stakeholders
  • Human rights disputes resolved internally by federally regulated employers and service providers
  • Application of human rights principles in workplaces and service delivery areas

A3. Integrated processing of individual human rights complaints filed against federally regulated employers and service providers.

Description

The Act empowers the Commission to receive and investigate complaints of discrimination in federally regulated workplaces and in the provision of goods and services by federally regulated providers, based on the eleven grounds enumerated in the Act. The Commission also has the authority to investigate complaints of wage discrimination on the grounds of sex. A complaint of discrimination may move through several stages, from inquiry and intake to mediation, investigation, conciliation and litigation. Alternative dispute resolution (ADR) is offered at all stages of the process.

This sub-activity supports the Commission's priority to continue to provide an effective dispute resolution process. The expected outcome of this priority is to have disputes resolved in the most effective manner having regard to time and cost.


Expected Results
Performance Indicators
Stakeholders recognize the Commission's dispute resolution processes as timely, effective, efficient and transparent
  • Percentage of cases completed in less than a year
  • Decrease in average time taken to complete new cases
  • Service satisfaction of participants
  • Participation rate in mediation
  • Service standards in place

Program Activity

B. Employment equity audits in federal and federally regulated workplaces.

Description

The Commission is mandated to conduct audits of workplaces to ensure compliance with employment equity obligations created by the Employment Equity Act. These audits afford an opportunity for the Commission to share knowledge with employers regarding hiring and promotion practices that best help to ensure equality in the workplace for designated groups.

This program activity and its sub-activities support the Commission's priority to improve the integration of employment equity audits into its prevention initiatives. The expected outcome of this priority is enhancing the ability to prevent discrimination through comprehensive reviews of federal and federally regulated workplaces.

Financial Resources ($ thousands)


2006-2007
2007-2008
2008-2009
2,724
2,639
2,630

Human Resources (FTEs)


2006-2007
2007-2008
2008-2009
25
25
25

Sub-activities

B1. Ensuring employer compliance with employment equity statutory requirements in the form of an employment equity plan.

Description

The Commission carries out compliance audits of federal and federally regulated workplaces to assess their compliance with the Employment Equity Act and to ensure cases of non-compliance are corrected. The primary output of this sub-activity is an employment equity plan that, once implemented, will result in reasonable progress toward full representation of the four designated groups.


Expected Results
Performance Indicators
Employers are in compliance with the Employment Equity Act
  • Number and percentage of employers in compliance
  • Number and percentage of employees working for employers in compliance

B2. Ensuring reasonable efforts and reasonable progress are made toward full representation in accordance with labour market availability.

Description

The Commission monitors an employer's progress in implementing its employment equity plan to determine whether reasonable progress has been made. Reasonable progress is defined as meeting the hiring and promotion goals established in the plan.

The Commission initiates an implementation audit when an employer has not demonstrated reasonable progress over three years. The purpose of the audit is to assess whether all reasonable efforts were made to implement the plan. If the employer has demonstrated reasonable efforts and has appropriately reviewed and revised its plan, the Commission issues a new finding of compliance with the Act. However, if reasonable efforts have not been made, the employer is required to propose undertakings to ensure implementation of its plan.


Expected Results
Performance Indicators
Employer progress toward full representation, in accordance with labour market availability
  • Percentage increase in representation of designated groups in organizations that have been audited
  • Number of employers who have integrated employment equity into their business plans and can demonstrate results

B3. Stakeholder outreach, policy research and development, public inquiries and employment equity impact assessments of government initiatives.

Description

The Commission provides information and assistance to employers and service providers so they can better understand their obligations in employment equity and their responsibilities for the application of human rights principles. The Commission also works collaboratively with central agencies in furthering human rights across the federal system.

The audits conducted under the Employment Equity Act allow the Commission to identify systemic discrimination, as well as barriers to employment and best practices in overcoming those barriers. Strategic linkages between the Commission's employment equity responsibilities and its responsibilities under the Canadian Human Rights Act are explored to improve the human rights culture of federally regulated employers.


Expected Results
Performance Indicators
Commission's employment equity work is seen as coherent and useful
  • Stakeholder survey every five years to confirm or demonstrate employer understanding and perception of the program