Treasury Board of Canada Secretariat
Symbol of the Government of Canada

ARCHIVED - Canadian Human Rights Commission - Report


Warning This page has been archived.

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.

Message from the Acting Chief Commissioner

The Canadian Human Rights Commission ensures that Canadians can participate equally and fully in a society free from discrimination. We do this by applying the Canadian Human Rights Act and the Employment Equity Act, and by fostering understanding of legal protections afforded to individuals, as well as the obligations of federally regulated employers and service providers under the law.

Our strategic priorities evolve in pace with the evolving human rights environment in Canada. A momentous change in that environment shapes the first of our two key priorities for 2011-12: for the first time in history, over 700,000 Aboriginal persons living under the Indian Act will have full access to human rights protection in June 2011. To address this imminent change, the Commission is supporting First Nations as they prepare to address human rights issues within their own communities.

This is taking place against the backdrop of Canada’s formal endorsement of the UN Declaration on the Rights of Indigenous Peoples, a step that the Commission has long been vocal in advocating. Through this endorsement, Canada joins the international community in a demonstration of its dedication to improving the conditions of Indigenous peoples, at home and around the world.

Our second priority in the year ahead is to provide federally regulated organizations with the tools and information necessary to create a self-sustaining human rights culture. The Commission will develop more model policies on key human rights issues, apply a newly created framework for identifying and addressing systemic issues, and document alternative dispute resolution processes used by employers and service providers.

We are moving forward with the broader launch of the Human Rights Maturity Model, which has been piloted by several federally regulated employers. The Maturity Model is the first of its kind: a roadmap for implementing workforce practices that improve the organization's human rights capacity, step by step.

The Commission's accomplishments are the result of a diverse and talented team of professionals. It is a privilege to lead a team so dedicated to promoting and protecting equality rights. We share a collective inspiration to be the voice of those who cannot always speak for themselves and to create a future free from discrimination for all Canadians.

David Langtry
Acting Chief Commissioner


Section I — Overview

1.1 Summary Information

Raison d’être

The Canadian Human Rights Commission’s founding legislation inspires a vision for Canada in which “all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have,” free from discrimination.

The Commission leads the administration of the Canadian Human Rights Act (CHRA) and ensures compliance with the Employment Equity Act (EEA). The CHRA prohibits discrimination on the grounds of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction for which a pardon has been granted. The EEA promotes equality in the workplace for four designated groups: women, Aboriginal people, persons with disabilities and members of visible minorities.

Both laws apply the principles of equal opportunity and non-discrimination to federal government departments and agencies, Crown corporations, and federally regulated private sector organizations. The provinces and territories have laws similar to the CHRA that address discrimination within their jurisdiction.

Responsibilities

The Commission develops and disseminates regulations, policies and knowledge; initiatives to prevent discrimination; and dispute resolution services to help address inquiries and complaints. It works with employers, service providers, individuals, unions, governmental and non-governmental organizations, and provincial/territorial and international human rights bodies to foster understanding and a commitment to achieving a society that respects human rights in everyday practice.

The Commission is responsible for developing and implementing information programs to foster public understanding of the CHRA and of the role and activities of the Commission. The Commission also undertakes and sponsors research programs related to its duties and functions under the CHRA.

The Commission’s mandate includes receiving and processing human rights complaints. Throughout this process, the Commission encourages settlements by providing opportunities for dialogue and mediation. Under the EEA, the Commission audits federally regulated employers to ensure that they are providing equal opportunities for employment.

Strategic Outcome and Program Activity Architecture

To effectively pursue its mandate, the Commission aims to achieve a single strategic outcome supported by its Program Activity Architecture, depicted in the following figure.

Strategic Outcome and Program Activity Architecture

[Text version]

1.2 Planning Summary

Financial Resources

The following financial resources table provides a summary of the total planned spending for the Canadian Human Rights Commission for the next three fiscal years.

Financial Resources ($ thousands)
2011–12 2012–13 2013–14
23,036 23,019 22,175

Human Resources

The following human resources table provides a summary of the total planned human resources expected to be available to the Canadian Human Rights Commission for the next three fiscal years.

Human Resources (Full-Time Equivalents—FTEs)
2011–12 2012–13 2013–14
202 203 197

Total Planned Spending

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 by federally regulated employers and service providers, as well as the public they serve.
Performance Indicator Target
Percentage of Canadians who are informed about and protected by the CHRA and the EEA Total number of Canadians exposed to information about and protected by the CHRA and the EEA, based on the results achieved via program activities*

* As the Commission’s framework for knowledge transfer and dissemination will be implemented during 2011, the baseline for performance measurement will be established then.

Program Activity Forecast Spending
($ thousands)
2010–11
Planned Spending
($ thousands)
Alignment to Government of Canada Outcomes
2011–12 2012–13 2013–14
Human Rights Knowledge Development and Dissemination Program 3,460 3,580 3,490 3,348 A diverse society that promotes linguistic duality and social inclusion.
Discrimination Prevention Program 5,009 4,531 4,486 4,374 A diverse society that promotes linguistic duality and social inclusion.
Human Rights Dispute Resolution Program 8,726 8,515 8,642 8,278 A diverse society that promotes linguistic duality and social inclusion.
Internal Services 6,138 6,410 6,401 6,175 A diverse society that promotes linguistic duality and social inclusion.
Total Planned Spending 23,333 23,036 23,019 22,175  

1.3 Contribution of Priorities to the Commission’s Strategic Outcome

Operational Priorities Type * Description
Increased capacity of First Nations to address human rights issues within their own communities Previous commitment

In June 2008, Bill C-21 changed the CHRA by repealing section 67, which had previously exempted from human rights scrutiny those matters resulting from application of the Indian Act. The three-year transition period before the CHRA would apply fully to First Nations governments ends in June 2011.

In view of this legislative change and the particular impact it will have on First Nations and people living under the Indian Act, the Commission plans to continue to help strengthen the capacity of First Nations to prevent, manage and resolve discrimination issues within their communities, in collaboration with relevant stakeholders. This work is multi-pronged and includes:

1.1 Developing policy guidance for applying the interpretive provision of Bill C-21 to complaints received after June 2011;
1.2 Developing and disseminating tools to assist First Nations and Aboriginal communities to prevent, manage and resolve discrimination issues;
1.3 Facilitating the development of community-based frameworks to support dispute resolution processes; and
1.4 Undertaking knowledge development and dissemination work to identify and raise awareness of systemic issues facing First Nations and Aboriginal communities.
http://www.chrc-ccdp.ca/nai_ina/default-eng.aspx
Federally regulated organizations demonstrate progress toward developing a self-sustaining human rights culture Previous commitment

Everyone has a role in respecting and promoting human rights. Employers, non-governmental organizations and communities are key actors in supporting the development of a human rights culture within Canada. The Commission and its partners throughout the country work collectively to foster understanding and a commitment to achieving a society in which human rights are respected in everyday practice.

To help organizations move toward a self-sustaining human rights culture, the Commission plans to:

2.1 Launch officially the Human Rights Maturity Model for use by federally regulated organizations;
2.2 Develop and disseminate tools to assist employers and service providers in developing a human rights culture; and
2.3 Identify and advance a systemic issue relevant to federally regulated employers and service providers.
http://www.chrc-ccdp.ca/hrmm_mmdp/default-eng.aspx

*These priorities are defined as previous commitments as they were originally presented in the 2009–10 RPP and the description has been revised this year to broaden the priority deliverables.

1.4 Risk Analysis

The Commission operates within a statutory mandate. Parliament has entrusted the Commission with implementing the CHRA and ensuring compliance with the EEA. A range of factors may influence the Commission’s ability to achieve the expected results described in this report. Further to a review and evaluation of these factors, the following two risks were identified as having the most potential to impact the Commission’s ability to achieve expected results in the short-term.

1) The risk that we will not be able to meet increasing service demands and complaint volumes.

  • As the number of Canadians that are exposed to information about and protection provided by the CHRA and the EEA increases, the Commission has experienced a comparable increase in service demands for awareness, consultation and dialogue sessions on human rights, employment equity and dispute resolution services. The success of and interest in the Commission’s awareness and outreach efforts may not allow us to satisfy these requests and thereby meet the expectations of Canadians, within existing resources. In response, the Commission’s efforts to raise awareness and understanding of the Acts will focus on developing and delivering more supportive tools and model policies.
  • Due in part to the Commission’s awareness activities, the intake of complaints has increased by approximately 30% over the past three years. It is anticipated that this increase will continue as the full repeal of section 67 of the CHRA takes effect in June 2011. For the first time, members from First Nation communities will be able to file complaints on actions resulting from the administration of the Indian Act. The Commission received temporary funding to prepare for this legislated change. As the temporary funding sunsets in 2012, the trend of increasing workload volumes will place additional pressure on current resources and may impact the Commission's ability to deal with complaints in a timely manner. Canadians may perceive that the Commission is unable to maintain existing program delivery standards. In response, the Commission will focus on increasing the capacity of federally regulated employers to resolve discrimination issues within their communities and organizations based on internal conflict resolution processes.

2) The risk that our role and mandate is not being clearly understood by all Canadians.

Many factors currently affect the modern human rights environment, including Canada's enviable human rights record in comparison to many other countries and the increasing complexity of human rights law and discrimination cases. These factors may result in a misperception of domestic human rights and discrimination issues. Misperceptions, in turn, may have the effect of reducing public support for the need to continue our role towards establishing a diverse Canadian society that promotes equality and workplaces that comply with human rights legislation. In response, the Commission is recalibrating its communication activities to focus on our mandate and the continuing need to foster respect for human rights and to promote a society where human rights are understood and individuals are protected from discrimination.

1.5 Expenditure Profile

The figure below illustrates the Commission’s spending trend from 2006-07 to 2013-14. During the past four (4) years, actual spending has fluctuated primarily due to:

  • funding received for the development of a new Complaints Management System and Employment Equity Audit Tracking System, that ended in March 2008;
  • funding received for the repeal of the section 67 of the Canadian Human Rights Act, that will end in March 2014; and
  • increased spending as a result of collective bargaining agreements and executive salary increases.

Spending Trend

Spending Trend

[Text version]

Estimates by Vote

Estimates by Vote are presented in the 2011–12 Main Estimates, which are available at:

http://www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/info/info-eng.asp.