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I am pleased to present this report of the Canadian Human Rights Tribunal's (the Tribunal) performance as measured against the plans and priorities that were established in the fall of 2009. Human rights complaints of discrimination involve issues that touch the dignity of the person and often involve the most-disenfranchised group of Canadians. The principal barriers to access to justice for human rights complainants before the Tribunal are: legal costs in having complaints heard and delays. My aspiration is to provide Canadians with a fair and fast venue to be heard without having to incur significant legal costs. More importantly, my objective is to provide the parties with a model of restorative justice that meets their needs.
In this regard, 2010-2011 represents my first full twelve month consecutive period of time as Chairperson and Chief Executive Officer of the Tribunal. It has been a challenging but rewarding 12 months and I am pleased to report that progress has been made in reaching the objectives I laid out when I took office. These objectives involved intensive pre-hearing case
management to narrow the issues of litigation and abbreviate the hearings by focusing on facts in dispute. Under the reporting period over 80% of inquiries were concluded within 12 months of referral, an increase of 10% over last fiscal year. In addition, we have actively promoted the use of proven approaches to mediation for resolving complaints in a more timely and efficient manner and I am
pleased to report that of the 41 cases closed in 2010-2011, 23 of these were as a result of mediation.
In the past year, I have also redirected resources to enhance the legal services capacity of the Tribunal. This will allow us to better focus our efforts on the core mandate of ensuring individuals have equal access to fair and equitable adjudication of human rights and employment equity cases that are brought before the Canadian Human Rights Tribunal. I would like to
acknowledge and thank all the full and part- time members, as well as the dedicated staff of the Tribunal, whose expertise and wealth of experience serves all Canadians by resolving complaints fairly and quickly.
We will continue to search for innovative ways to provide effective and efficient adjudicative processes that allows parties to access justice in a timely fashion as we move ahead toward achieving an ideal society based on diversity, equality and fairness.
In hearing complaints under the CHRA and the EEA, the Canadian Human Rights Tribunal considers matters concerning employment or the provision of goods, services, facilities or accommodation. The CHRA makes it an offence for a federally regulated employer or service provider to discriminate against an individual or group on any of the following grounds:
The Canadian Human Rights Tribunal is a small, permanent organization comprising a full-time Chairperson and Vice-Chairperson, and up to 13 full or part-time members.
Members - To be eligible for appointment by the Governor in Council, Tribunal members must have experience, expertise, interest in and sensitivity to human rights. Under the CHRA, both the Chairperson and the Vice-Chairperson must have been a member of the bar for more than ten years. Terms of office are up to five years for the thirteen full or part-time members and
up to seven years for the Chairperson and Vice-Chairperson. Throughout their terms, Tribunal members take training and attend briefing sessions on such topics as decision-writing techniques, evidence and procedure, and in-depth analysis of Canadian human rights issues.
Registry Operations - Administrative responsibility for the Tribunal rests with the Registry. It plans and arranges hearings, acts as liaison between the parties and Tribunal members, and provides administrative support.
Internal Services - Internal services are activities and resources that support the needs of the Tribunal's operating program and other corporate obligations. They include corporate, legal, financial, human resources, and information management and technology services. Human resources services are supplemented through a contractual agreement with Public Works and
Government Services Canada.
Strategic outcome: Individuals have equal access, as determined by the Canadian Human Rights Act and the Employment Equity Act, to fair and equitable adjudication of human rights and employment equity cases that are brought before the Canadian Human Rights Tribunal.
There are two program activities conducted to support achievement of the strategic outcome: (1) Hearings of complaints before the Tribunal; and (2) Internal Services.
Priority |
Type |
Strategic Outcome and Program Activity |
---|---|---|
Continuous Program Involvement |
Ongoing |
Individuals have equal access, as determined by the Canadian Human Rights Act and the Employment Equity Act, to fair and equitable adjudication of human rights and employment equity cases that are brought before the Canadian Human Rights Tribunal, and is directly linked to our program activity Hearing of Complains before the Tribunal |
Status: Met All | ||
By resolving matters, through mediation or adjudication, the Tribunal effectively and directly contributes to its strategic outcome. |
Priority | Type | Strategic Outcome and Program Activity |
---|---|---|
Strengthen corporate management capacity | Ongoing | Internal Services which supports our Strategic Outcome |
Status: Mostly Met | ||
The groundwork was laid for acquiring IT services from PWGSC in order to free up administrative funds that could be reallocated to enhancing legal and para-legal support for members of the Tribunal conducting core activities such as pre-hearing management, mediation, hearings and issuing ruling and decisions. |
The Tribunal is in the process of completing an organization wide risk analysis. The approach taken is consistent with the guidance and good practices outlined in the Management Accountability Framework, Treasury Board's Policy on Integrated Risk Management and the COSO Enterprise Risk Management Framework. An external resource was engaged to conduct an independent and objective assessment
by conducting a series of structured interviews. These interviews were conducted with staff members including legal counsel, finance, human resources, and registry, as well as the Executive Director and the Chairperson. In addition to the interviews, a review was undertaken of relevant documents that provide insight into the history, context and nature of risks and risk management objectives
within the Tribunal. At the time this performance report was written, discussions between the external resource who conducted the field work and senior management were ongoing with the objective of finalizing the risk assessment in order to begin developing an action plan to address any applicable risks.
In addition to the organization wide risk assessment, a Threat and Risk Analysis (TRA) concerning the reliability and security of the Tribunal's Information Technology (IT) systems and infrastructure was undertaken prior to the end of the fiscal year. The TRA was conducted in accordance with the Government of Canada's Harmonized Threat and Risk Assessment (HTRA) Methodology. As a result of
this assessment and the Tribunal's experience with a detected threat, the Tribunal took steps to mitigate this threat by making arrangements through Public Works and Government Services Canada to acquire technology services that would improve program delivery at the Tribunal and effectively address and manage risk in a cost-efficient manner.
The following tables display the financial and human resources managed by the Tribunal in 2010-2011.
Planned Spending | Total Authorities | Actual Spending* |
---|---|---|
4.5 | 4.8 | 4.4 |
Planned | Actual | Difference |
---|---|---|
26 | 18 | 8 |
Individuals have equal access, as determined by the Canadian Human Rights Act and the Employment Equity Act, to fair and equitable adjudication of human rights and employment equity cases that are brought before the Canadian Human Rights Tribunal.
Performance Indicators | Targets | 2010-11 Performance |
---|---|---|
Tribunal decisions/ruling | Rendering decisions within four months of the close of the hearing in 80% of the cases |
Not met. The Tribunal was unsuccessful in delivering its written decisions within the sought-after four-month timeline from the close of hearing. Unlike hearings before the courts, Tribunal hearings often involve parties who cannot afford professional legal representation. This means they represent themselves in dealing with complex facts, evidence and law. This tends to make the hearing, as well as the post-hearing analysis stage, last longer than is typically the case for administrative tribunals whose parties are represented by counsel. |
Program Activity | 2009-10 Actual Spending ($millions) |
2010-11 ($ millions) | Alignment to Government of Canada Outcome | |||
---|---|---|---|---|---|---|
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
|||
Hearing of complaints before the Tribunal | 2.4 | 2.6 | 2.6 | 2.6 | 1.8 | Social Affairs A diverse society that promotes linguistic duality and social inclusion. |
Total | 2.4 | 2.6 | 2.6 | 2.6 | 1.8 |
Program Activity | 2009-10 Actual Spending ($millions) |
2010-11 ($ millions) | |||
---|---|---|---|---|---|
Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
||
Internal Services | 1.9 | 1.9 | 1.9 | 2.2 | 2.6 |
Registry - Lower expenditures for this activity resulted from reduced salary costs associated with a number of vacant positions. In addition, reduced costs for hearings were realized by utilizing meeting facilities provided at no charge, increased resolution of complaints through mediation, and shorter hearing times achieved at the pre-hearing stage
to narrow the issues and reach agreement on the facts. While the latter cost reductions are expected to continue into the future, staffing of vacant positions will result in increased salary expenditures.
Internal Services - Increased costs were incurred for professional and special services to provide human resource capacity to the organization in the critical areas of executive direction, information technology, and finance to support transformative plans that will enable to Tribunal to enhance program delivery, improve case management and resolution of
complaints, better manage risks and provide internal services more cost-efficiently. The organization also experienced an increase in relocation costs.
For information on our organizational votes and/or statutory expenditures, please see the 2010-11 Public Accounts of Canada (Volume II) publication. An electronic version of the Public Accounts is available at Public Works and Government Services Canada's website. See Public Accounts of Canada 2010,
http://www.tpsgc-pwgsc.gc.ca/recgen/txt/72-eng.html.