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Section II – Analysis of Program Activities by Strategic Outcome
2.1 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 whom 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.
In its early decades, the Commission’s approach to dealing with human rights complaints sometimes led to lengthy investigations and recurring backlogs. To deal with a backlog of complaints, many of the Commission’s discretionary activities, which were meant to fulfill its broader public awareness responsibilities under the Acts, were diminished or cancelled.
The Commission subsequently adopted modern conflict management theory and research to identify and address the multi-faceted human rights issues facing Canadian society today. Since 2002, the Commission has broadened its approach toward fulfilling its mandate by shifting the focus to “front-end” discrimination prevention. In addition to streamlining operations, the Commission promotes and creates alternative ways of dealing with complaints in such areas as research, policy development and stakeholder awareness (e.g., organizational approaches that integrate human rights and employment equity into daily practice).
This section outlines the expected results of the three programs that contribute to the realization of the strategic outcome.
2.1.1 Program Activity: Human Rights Knowledge Development and Dissemination Program
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The CHRA provides the Commission with the authority to influence societal understanding and behaviours by conducting information programs and research; fostering common policies and practices across Canada’s human rights system; and using persuasion, publicity or any other means that it considers appropriate to discourage and to reduce discriminatory practices. The Commission conducts research studies, develops policy and engages key stakeholders in order to leverage scarce resources and to enhance public awareness and understanding of the CHRA and the EEA.
By ensuring stakeholder engagement in these activities, the Commission is able to build a strong base upon which federally regulated organizations may formulate their own policies, guidelines, prevention tools and practices. The knowledge base is strengthened by the Commission’s international experience as Chair of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, and through its participation in multilateral and bilateral activities.
The Knowledge Centre will contribute to the 2009–10 priority of increased awareness of the CHRA and the EEA among Aboriginal people by supporting an increased use of Commission materials developed for First Nations and other Aboriginal audiences. The Commission will have met its goal if, by the end of 2009–10, it receives 500 requests for, or downloads of, new and existing publications aimed at First Nations and other Aboriginal audiences.
The Commission creates knowledge and undertakes activities or initiatives with the intention of raising awareness of the Acts and of the principles of human rights. Insofar as key stakeholders are involved in developing these products, and so long as there is easy access to them online, Canadians will benefit from the sharing of high-quality and easily accessible knowledge.
Once Commission products or activities have been shared, the expectation is that the recipients will understand the main messages and will be motivated to apply the knowledge. As a result, federally regulated organizations and the public they serve will have a better understanding of the rights and responsibilities outlined in the CHRA and the EEA. A shared understanding of the Acts is a strong basis for building equality and respect for human rights.
2.1.2 Program Activity: Discrimination Prevention Program
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The Commission is mandated by the EEA to ensure, through audits, that federally regulated employers comply with the Act. To date, the Commission has initiated audits for 41% of federally regulated employers, representing 75% of the workforce under its mandate. Beginning in 2003, the Commission also undertook follow-up audits, which formally assess the achievement of goals set by employers during the initial employment equity (EE) audit. Monitoring progress is a key component of the Commission compliance audit activities to ensure sustainable actions by employers.
The Commission supports employers who are proactive in complying with the CHRA and the EEA. It provides targeted services, such as training, to employers with whom a Memorandum of Understanding (MOU) has been signed. MOUs are in place with 14 employers, representing almost 25% of employees under the Commission’s mandate, but only 1% of federally regulated employers. However, an expansion of these highly regarded services would require additional resources.
To partially address the resource shortfall, and to complement its important legislated compliance role, the Commission is developing a Maturity Model for human rights and employment equity. This additional tool/approach will assist employers and service providers under federal jurisdiction to develop and carry out self-assessments of an integrated human rights and employment equity system. Testing and eventual implementation of the Maturity Model will require significant strategic changes, which are currently under development, in how the Commission engages stakeholder relations and undertakes its operations.
The Discrimination Prevention Program will contribute to the priority of increased awareness of the CHRA and the EEA among Aboriginal people by supporting First Nations communities who decide to invest in learning how to prevent discrimination. The Commission will have met its goal if 10 major First Nations and other Aboriginal stakeholders participate in learning activities sponsored by the Commission.
By completing employment equity audits, the Commission ensures that the audited organization has developed a plan for meeting its EE goals. Implementing the plan (e.g., hiring members of the four designated groups in accordance with their availability in the Canadian workforce) should move the audited organization closer to reaching its EE goals, which the Commission assesses during a follow-up audit. Benefits to Canadians are achieved as the audits lead to both increased compliance with the “letter” of the EEA and to increased understanding of what is required to give expression to the “spirit” of equality of opportunity.
MOU organizations are actively involved in defining what support they need to better integrate respect for human rights in their workplaces and in their relations with clients. The immediate outcome of this stakeholder engagement is a joint appreciation of responsibilities to prevent discrimination and/or to resolve disputes internally. This is followed by an enhanced application of human rights practices in workplaces and in service delivery areas. The ultimate benefit for Canadians is a decrease in discriminatory behaviours, a decrease in complaints related to human rights, and the encouragement of self-sustaining human rights cultures in federally regulated organizations.
2.1.3 Program Activity: Human Rights Dispute Resolution Program
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The Commission provides dispute resolution services in cases of alleged discrimination by federally regulated employers, unions and service providers. The Commission screens allegations of discrimination to ensure they fall within its jurisdiction and if so, the parties are offered services to assist them in resolving the matter before filing a complaint. Once a complaint is formally filed, the case is further screened to determine whether it should be referred to another redress mechanism or dealt with through the Commission dispute resolution process, which may involve mediation or investigation. Complaints that are not settled are sent to the Commission for review; the Commission may dismiss the complaint, send it to conciliation, or send it to the Canadian Human Rights Tribunal for a hearing. Ultimately, if the case is referred to the Canadian Human Rights Tribunal for inquiry, one of the Commission’s litigators may participate in the proceeding to make submissions in the public interest.
The Dispute Resolution Program will contribute to the priority of increased awareness of the CHRA and the EEA among Aboriginal peoples by ensuring that relevant staff and leaders of national and regional Aboriginal organizations understand the Commission’s complaint process. The Commission will take into account the unique circumstances present in First Nations communities, and will need resources to ensure that its complaint process is culturally appropriate. Success will be reached if 50% of relevant staff (e.g., the front-line staff of 10 regional and/or national First Nation or other Aboriginal organizations) report that they are confident in their ability to respond to questions from their members about the Commission’s dispute resolution process.
For dispute resolution services to be meaningful, the parties to disputes need to understand the Commission’s processes and service standards. Their satisfaction with services received is an important indicator of the Commission’s success. The Commission emphasizes the importance of dealing with complaints and finding solutions through dialogue by encouraging non-adversarial methods of dispute resolution. The parties to all cases—resolved or unresolved—benefit from a fair, expeditious and accessible human rights process, and gain an increased understanding of the CHRA.
Through accessing information and tools via Commission staff, employers should increase their understanding of how to prevent complaints and ensure that their workplace is free from discrimination; and complainants should have a better understanding of their rights and responsibilities under the CHRA. The ultimate benefit to Canadians is protection from discrimination and increased compliance with the CHRA.
By participating in precedent-setting human rights cases, the Commission contributes to the clarification and development of human rights law, which increases protection for all Canadians and affirms the fundamental value of supporting diversity.
2.1.4 Program Activity: Internal Services
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Program Summary and Planning Highlights
Programs receive timely support from internal services, namely: communications; executive secretariat services; finance; human resources; information management and information technology; legal; and planning, audit and evaluation.
Internal Services, in conjunction with internal clients, are committed to developing key service standards during 2009–10. Performance to the key standards will be monitored and reported.
The Commission will continue to implement its MAF Action Plan.
