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Section II – Analysis of Program Activities by Strategic Outcome

Strategic Outcome

The Tribunal achieves its strategic outcome and results for Canadians through its main program activity, Hearings of Complaints before the Tribunal, together with its Internal Services program activity.

 

Program Activity: Hearings of Complaints before the Tribunal

Human Resources (FTEs) and Planned Spending ($ millions)
2010–2011		2011–2012		2012–2013
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
13	2.6	13	2.6	13	2.6

Program Activity Expected Results	Performance Indicators	Targets
Clear and fair interpretation of the Canadian Human Rights Act and the Employment Equity Act Access to an adjudication process that is efficient, equitable and fair to all who appear before the Tribunal Meaningful legal precedents for use by employers, service providers and Canadians	Timeliness of initiating inquiry process Number of judicial reviews (overturned vs. upheld) Percentage of cases commenced within time lines Percentage of cases completed within time lines	Initiate inquiry within 10 days of referral, in 90% of cases Majority of decisions are either not judicially challenged or are upheld when challenged Commence hearings within 6 months of receiving a complaint/referral, in 70% of cases Conclude inquiries within 12 months of referral, in 70% of cases

Program Activity Summary

Planning Higlights

To achieve the expected result, the Tribunal plans to pursue the following priority:

Continuous Program Improvement

Planned Activity	Result and Time Line
Monitor the Tribunal's case management initiative for effectiveness and efficiency	Measures that appropriately assess the timeliness, effectiveness and efficiency of the Tribunal's inquiry process by March 2011

Human rights complaints raise very serious issues that affect Canadian society directly and have the potential to affect the livelihood and key business operations of those who come before the Tribunal. The Tribunal therefore strives to commence hearings of complaints within 6 months of referral by the Commission and strives to conclude inquiries within 12 months of referral. However, many of the human rights cases before the Tribunal raise factual and legal issues of such complexity and importance that a rush to hearing is neither feasible nor desirable. Complaints sometimes also arise in settings that pose logistical difficulties, such as remote northern communities, or in situations where the pressures of an expedited adjudication process pose a particular challenge. Since the 2005 introduction of case management, hearings have been unfolding more efficiently. The Tribunal nevertheless recognizes that parties sometimes need more time and the additional intervention of a Tribunal member to not only get to hearing but also to ensure the hearing itself does not become protracted.

The Tribunal will continue to examine and monitor case management procedures to maximize the effectiveness and efficiency of this process. It will also introduce added flexibility into the process to help parties resolve the complaint or get to hearing within the earliest possible time frame, for example, to allow for earlier intervention by a Tribunal member in cases where it is evident that the parties could benefit from mediation. It will also investigate the practicality of implementing best practices adopted for use in other fora, such as the appropriate use of witness statements and affidavit evidence at hearings, to replace evidence presented in person before the Tribunal.

Benefits for Canadians

As the custodian of a vital piece of Canada's human rights protection machinery, the Tribunal benefits Canadians by enhancing the texture and quality of the fabric of Canadian society. It gives effect to the principles enshrined in federal human rights legislation by providing a forum where human rights complaints can be scrutinized and resolved. Its formal decisions articulate findings and observations on important issues of discrimination. The result of the Tribunal's program is that complainants can air their grievances and achieve closure in a respectful, impartial forum. In the longer term, Tribunal decisions create meaningful legal precedents for use by employers, service providers and Canadians.

Although the Tribunal (including its predecessors) has been part of the human rights landscape in Canada for decades, Tribunal decisions have not always enjoyed the authority they do today. Until recently, allegations of institutional bias and lack of independence undermined the Tribunal's effectiveness, and often gave rise to requests for judicial reviews of Tribunal decisions and rulings. In fact, all eight of the Tribunal's written decisions issued in 1998 were challenged. Statutory changes that same year raised the stature and perceived independence of the Tribunal, resulting in fewer challenges to Tribunal decisions and greater approbation by the Federal Court when Tribunal decisions are appealed. Complainants and respondents both benefit from Tribunal decisions being perceived as definitive—the parties can get on with their lives.

Written decisions become part of the public record. As well as specifying whether a respondent's actions have run afoul of the Act, Tribunal decisions provide guidance, where appropriate, on how to bring policies and practices into line with the legislation to prevent discrimination in future. Such explanations benefit not only the parties involved, but also all employers and service providers and their employees and clients. It is therefore an expected (and sought after) result of Tribunal decisions that they will be accepted by the parties involved and, if judicially challenged, upheld by the reviewing court. Such acceptance ultimately benefits all of society since it expedites justice and reduces the cost of protracted appeals.

 

Program Activity: Internal Services

Human Resources (FTEs) and Planned Spending ($ millions)
2010–2011		2011–2012		2012–2013
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
13	1.9	13	1.9	13	1.9

Program Activity Summary and Planning Highlights

Internal Services are groups of related activities and resources that support the needs of programs and other corporate obligations of the Tribunal. These groups are: acquisition services; communications services; financial management services; human resources management services; information technology services; legal services; management and oversight services; materiel services; real property services; and travel and other corporate services. Internal Services include only those activities and resources that apply across the organization and not those provided specifically to a program. The Tribunal will continue to research, develop and implement corporate and administrative efficiencies that will best support and enable an efficient and expeditious complaint inquiry process. The Tribunal has a sound results-oriented framework based on its Management Accountability Framework (MAF) that takes into account the best interests of the agency, members, employees and Canadians. The planning highlights focus on an integrated management approach that covers areas ranging from human resources, risk management, performance measurement, modern technology and comptrollership. To contribute to efforts for a green, energy-conscious government and to reduce the effect of Tribunal activities on the environment, the Tribunal will also investigate and implement new technologies wherever possible for improving management practices and reducing waste. As a micro-agency, the Tribunal harbours no illusions about its limited capacity to shape the broader federal public service. It will nevertheless continue to seek out every opportunity to work with and contribute to other government departments and agencies, especially those of like size and mandate, to assist in meeting the government-wide challenge for public service renewal.

To achieve the managerial priority of improved corporate management, the Tribunal plans to undertake the following activities:

• strengthen the Tribunal's corporate management capacity; and
• strengthen the Tribunal's information management and information technology capacity.

Strengthen the Tribunal's Corporate Management Capacity

Planned Activity	Result and Time Line
Enhance the Tribunal's management policies and practices to optimize their effectiveness in supporting the Tribunal's mandate and the government's public service renewal initiative	An action plan in response to the Treasury Board Management Accountability Framework assessment (Round VII) of the Tribunal's management practices by March 2011

The Tribunal is a micro-agency (26 FTEs). Although challenged on a much smaller scale than larger federal government organizations, the Tribunal nevertheless faces a similar need to continually strengthen its strategic corporate management to ensure it remains relevant, accountable, results-focused, effective and competitive within the context of a respected, professional and forward-looking public service.

The Tribunal will continue to monitor and strengthen its management practices and policies to ensure their adequacy in meeting the Tribunal's priorities.

The MAF sets Treasury Board's expectations for modern public service management. The framework helps to reinforce sound management and provides managers with a model for management and for management improvement through the use of indicators and measures that evaluate organizations' performance in various areas of management. The Tribunal was included in Round VII of the MAF assessment conducted by Treasury Board Secretariat. The Tribunal will analyze the assessment results, expected in fall 2010, and develop an action plan to address areas requiring improvement.

Strengthen the Tribunal's Information Management and Information Technology Capacity

Planned Activity	Result and Time Line
Enhance the Tribunal's information management (IM) and information technology (IT) capacity by consolidating approaches to IM/IT and optimizing available technology resources	An action plan for IM and recordkeeping, including an enhanced governance structure and accountability matrix by March 2011 An IM communications plan to address awareness activities and training by March 2011 An action plan for a case management system upgrade by March 2011 A strategic IT plan by March 2011

Managing information efficiently, effectively and safely is a crucial part of the Tribunal's responsibilities for aligning with the government's Framework for the Management of Information. The Tribunal has strengthened its information holding capacity by implementing the Records, Document and Information Management System (RDIMS) in 2006. An RDIMS software upgrade is planned for completion by end of 2010–2011.

In 2009–2010 the Tribunal also began developing an IM strategy. In 2010–2011 the Tribunal will begin implementing the various elements identified in the strategy by introducing a communications plan, a governance structure and an accountability matrix. The Tribunal will also work closely with Library and Archives Canada to implement the new Directive on Recordkeeping issued in June 2009 by Treasury Board Secretariat.

The Tribunal uses an automated product called the Tribunal Toolkit to manage its operational case files. In 2009–2010 the Tribunal began investigating an upgrade to its case management system. The project seeks to deliver additional integration, collaboration, monitoring, reporting and business functionalities that will help the Tribunal optimize available technology resources.

The Tribunal continues to progress in its compliance with the government's Management of IT Security Standard. In response to those requirements, the Tribunal implemented an IT security policy and a business continuity plan. In 2010–2011 the Tribunal plans to act on the recommendation of its 2009–2010 internal security audit to develop and implement a strategic IT plan.

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