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The Honourable Rob Nicholson, P.C., M.P.
Minister of Justice and Attorney General of Canada
SECTION I Overview
SECTION II Analysis of Program Activities by Strategic Outcome
SECTION III Supplementary Information
SECTION IV Other Items of Interest
Since 2002, the Canadian Human Rights Commission has made significant changes in all of its program areas. These changes have made the Commission more efficient and effective and allowed a re-design of our service delivery model based on three inter-related areas: knowledge development; discrimination prevention, including employment equity audits; and dispute resolution. A healthy workplace, a representative and highly skilled workforce, and sound stewardship of resources are also critical to our success.
The Commission’s focus over the coming year will reflect this new three-pronged service model. Through its expanded knowledge development program, the Commission intends to share knowledge in human rights with its stakeholders through research, policy development, special initiatives and discussion fora. A focus will be placed on issues that will have the broadest systemic impact. We believe that increased knowledge about human rights leads to greater understanding, and that understanding human rights and equality principles will in turn encourage more individuals and organizations to respect them. A bill introduced by the Government of Canada late in 2006 to repeal section 67 of the Canadian Human Rights Act will allow First Nations people full access to the human rights complaint system. The Commission will undertake research and enter into discussions with First Nations in 2007-2008 related to this anticipated legislative change to our mandate.
The discrimination prevention program allows the Commission to work with federal and federally regulated employers to prevent and discourage discrimination and to support commitment and action towards a broader culture of human rights and inclusiveness. The Commission is also exploring opportunities to integrate its audit work with prevention initiatives. Employment equity audits of employers determine compliance with legislation, but they also are a source of best practices in workplaces. In turn, these activities allow the Commission to share knowledge and tools pro-actively with others through its Employer Advisory Council and website. Changes envisioned to the audit process itself will further support discrimination prevention by placing a greater emphasis on demonstrating progress towards a more representative work force.
The Commission will continue to refine and evolve its model for effectively resolving human rights disputes. The focus here is on resolving disputes at the earliest opportunity, and on ensuring that the complaint process is as efficient and effective as possible. To that end, the Commission is consolidating its intake and alternative dispute resolution services which will, among other advantages, promote the resolution of disputes before a complaint is even filed. The Commission will continue to use opportunities to participate in precedent-setting cases at the Canadian Human Rights Tribunal, courts and other tribunals to clarify the law and help advance human rights.
The significant progress made to eliminate the backlog and reset priorities to better balance all elements of our legislative mandate has been noted on the international front. The Commission has considered a number of requests to assume greater leadership in fora under United Nations auspices at a time when the need for strong and independent human rights institutions has never been greater. The Commission has accepted the invitation to chair the International Coordinating Committee of National Human Rights Institutions aimed at strengthening human rights institutions around the world.
I would like to close with a word about our workplace culture and the people—staff and Commissioners—within our organization who are the real success drivers for our work. In my tenure here, I have been able to observe an exemplary level of commitment, and a genuine interest in continuing to make new and innovative strides. I am confident that the years ahead hold as much promise as at any other time in our history.
David Langtry
Commissioner
I submit for tabling in Parliament, the 2007-2008 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 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
Hélène Goulet
Secretary General
New PAA Structure
Strategic Outcome
Previous PAA Structure
Strategic Outcome
2007-2008 |
||||
($ thousands) | Knowledge Development |
Discrimination Prevention
|
Dispute Resolution
|
Total
|
Foster understanding of and compliance with the Canadian Human Rights Act. |
$5,035
|
$3,380
|
$11,771
|
$20,186
|
Employment equity audits in federal and federally regulated workplaces | - | $3,086 | - | $3,086 |
Historically, the Commission has administered separately its two pieces of legislation—the Employment Equity Act and the Canadian Human Rights Act—a distinction reflected in its previous Program Activity Architecture (PAA). As a result of significant program improvements, the Commission learned that opportunities were available for a closer relationship between the activities of these two Acts and for bringing about practical improvements in support of human rights in federal and federally regulated workplaces. In 2005, the Commission restructured to better support its mandate and the changes that had been implemented over the previous three years. To reflect this transformation, it sought and received approval of a new PAA structure that better describes the Commission’s work and mandate.
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 currently consists of one full-time Commissioner and four part-time Commissioners. Staffing for a Chief Commissioner is underway. Full-time Commissioners are appointed for terms not exceeding seven years and part-time Commissioners for terms not exceeding three years. The full-time Commissioner is responsible for the operations of the Commission, supported by the Secretary General. |
2007-2008
|
2008-2009
|
2009-2010
|
$23,272
|
$22,490
|
$22,340
|
2007-2008
|
2008-2009
|
2009-2010
|
200
|
202
|
202
|
Priority |
Type
|
Deliver a human rights Knowledge Development Program. |
Ongoing
|
Enhance, expand and integrate prevention initiatives and employment equity activities of the Discrimination Prevention Program. | Ongoing |
Provide an effective dispute resolution process. | Ongoing |
Program Activities by Strategic Outcome
Program Activity | Expected Results | Planned Spending ($ thousands) |
Contributes to the following priority | ||
2007-2008 | 2008-2009 | 2009-2010 | |||
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. | |||||
Knowledge development | Understanding of, and compliance with, the Acts through: research; policy, legal analysis, advice and regulations; strategic initiatives; stakeholder awareness through knowledge sharing and outreach; and the National Aboriginal Program. | $5,035 | $4,707 | $4,681 | Deliver a human rights Knowledge Development Program. |
Discrimination prevention | A commitment from federally regulated departments and organizations to enhance human rights and equality principles and practices through knowledge sharing, best practices and removal of barriers. | $6,466 | $6,300 | $6,265 | Enhance, expand and integrate prevention initiatives and employment equity activities of the Discrimination Prevention Program. |
Dispute resolution | A timely, effective and efficient dispute resolution process. | $11,771 | $11,483 | $11,394 | Provide an effective dispute resolution process. |
PRIORITY |
Deliver 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, as well as internationally. The Knowledge Development Program will stimulate discussion and influence Canadian society's views on human rights, including employment equity. This priority also includes the delivery of the National Aboriginal Program.
Plans
PRIORITY |
Enhance, expand and integrate prevention initiatives and employment equity activities of the Discrimination Prevention Program. |
The Commission seeks to increase respect for human rights by encouraging employers to adopt the principles of equality and inclusiveness. The Discrimination Prevention Program is based on working with employers on prevention and employment equity activities to address discriminatory behaviour and demonstrate reasonable progress in the representation of the four designated groups: women; Aboriginal peoples; persons with disabilities; and members of visible minorities.
Plans
PRIORITY |
Provide an effective dispute resolution process. |
An effective dispute resolution process is fundamental to protecting human rights in federal workplaces and those of federally regulated service providers. In recent years, the Commission has shifted its focus to alternative dispute resolution and legal engagement in precedent-setting human rights cases before the Canadian Human Rights Tribunal and other judicial bodies.
Plans
Risks and Challenges of these Priorities
The Commission continues to work towards the highest possible performance for its three key program activities: Knowledge Development, Discrimination Prevention and Dispute Resolution. Maximizing the synergies among its activities remains the guiding principle and a framework for the fulfilment of the mandate. The knowledge and experience gained through these efforts is being shared both domestically and internationally.
There is a risk that unexpected demands in any priority area may limit the Commission's ability to respond with resources to other priorities. The Commission's processes and initiatives are frequently dependent on external parties. Dependencies that pose a risk to the efficiency and effectiveness of the Commission’s activities include:
At the government-wide level, the Commission’s main challenges and risks include:
The Commission’s Work and Canada’s Performance
The Commission’s strategic outcome aligns to the Government of Canada's strategic outcome of creating "a diverse society that promotes linguistic duality and social inclusion." The Commission’s activities positively impact society’s level of understanding with respect to fostering equality of opportunity, including barrier removal. The Government of Canada has identified indicators that measure its performance against the “attitudes towards diversity” indicator published in the report Canada’s Performance 2006. The Commission’s work advances the following Government of Canada 2006 performance indicators: personal tolerance and support for affirmative action and employment equity.
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. Knowledge Development - Develop knowledge products, including policies and research initiatives, to foster understanding of, and compliance with, the Canadian Human Rights Act and the Employment Equity Act for use by the Commission, key stakeholders and the Canadian public.
Financial Resources ($ thousands)
2007-2008
|
2008-2009
|
2009-2010
|
$5,035
|
$4,707
|
$4,681
|
Human Resources (FTE)
2007-2008
|
2008-2009
|
2009-2010
|
37
|
36
|
36
|
Description
The Knowledge Centre is responsible for research; policy, legal analysis, advice and regulations; policy development; strategic initiatives; stakeholder awareness through knowledge sharing and outreach; and the delivery of the National Aboriginal Program. It also monitors trends in human rights and assesses the impact of government and international initiatives on the work of the Commission. The objective is to create and share human rights knowledge within the Commission and with its stakeholders which positively impacts Canadian society.
This program activity supports the Commission’s priority to deliver a human rights Knowledge Development Program. The expected outcome of this activity is to complete research and other human rights knowledge products that promote understanding and acceptance of human rights.
Expected Results
|
Performance Indicators
|
Understanding of, and compliance with, the Acts through: research; policy, legal analysis, advice and regulations; strategic initiatives; stakeholder awareness through knowledge sharing and outreach; and the delivery of the National Aboriginal Program. |
|
B. Discrimination Prevention - Engaging key stakeholders with the goal of preventing discrimination in federally regulated workplaces and service centres, and raising awareness, understanding and acceptance of human rights.
2007-2008
|
2008-2009
|
2009-2010
|
$6,466
|
$6,300
|
$6,265
|
2007-2008
|
2008-2009
|
2009-2010
|
60
|
60
|
60
|
Description
The Commission works with federally regulated organizations to identify areas where improvements are required to create workplaces and service delivery centres that embrace a human rights culture. The Commission provides information and assistance to employers and service providers so they can better understand their obligations under the Canadian Human Rights Act and Employment Equity Act and their responsibilities for the application of human rights principles. Furthermore, the Commission works collaboratively with central agencies in furthering human rights across the federal system.
In addition, the Commission is mandated to conduct audits of workplaces to ensure compliance with employment equity obligations under 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. The Commission is currently examining the audit results obtained since the legislation was passed in 1986 in preparation for the five-year Parliamentary Review scheduled for 2007.
This program activity supports the Commission's priority to enhance, expand and integrate prevention initiatives and employment equity activities of the discrimination prevention program.
Expected Results
|
Performance Indicators
|
A commitment from federally regulated departments and organizations to enhance human rights and equality principles and practices through knowledge sharing, best practices and removal of barriers. |
|
Program Activity
C. Dispute Resolution - Resolution of individual human rights complaints filed against federally regulated employers and service providers to foster understanding of, and compliance with, the Canadian Human Rights Act.
2007-2008
|
2008-2009
|
2009-2010
|
$11,771
|
$11,483
|
$11,394
|
2007-2008
|
2008-2009
|
2009-2010
|
103
|
106
|
106
|
Description
Under the Canadian Human Rights Act, the Commission deals with allegations of discrimination by federally regulated employers and service providers based on the eleven grounds enumerated in the Act. Allegations of discrimination are screened to ensure they fall within the Commission's jurisdiction, and inquirers may be referred to other redress mechanisms, such as a grievance process. The parties are then encouraged to try to settle the matter, either before a complaint is filed or immediately afterwards. If the matter cannot be resolved, the complaint is investigated and submitted to the Commissioners for one of the following possible decisions: dismiss; refer to conciliation; refer to the Canadian Human Rights Tribunal for further inquiry. The case may then be referred to hearings before the Canadian Human Rights Tribunal. Alternative dispute resolution, including mediation and conciliation, is available at all stages of the process.
Expected Results
|
Performance Indicators
|
A timely, effective and efficient dispute resolution process. |
|
($ thousands) | Forecast Spending 2006-2007* | Planned Spending 2007-2008 | Planned Spending 2008-2009 | Planned Spending 2009-2010 |
Knowledge Development | 3,267 | 5,871 | 5,482 | 5,482 |
Discrimination Prevention | 4,911 | 6,548 | 6,457 | 6,457 |
Dispute Resolution | 12,827 | 8,693 | 8,701 | 8,701 |
|
||||
Total Main Estimates | 21,005 | 21,112 | 20,640 | 20,640 |
Adjustments: |
||||
Expenditure Review Committee Savings - Procurement | ||||
Knowledge Development |
(6) | - | - | - |
Discrimination Prevention |
(9) | - | - | - |
Dispute Resolution |
(25) | - | - | - |
Supplementary Estimates | ||||
Operating budget carry forward |
1,005 | - | - | - |
Repeal of section 67 of the Canadian Human Rights Act |
- | 2,160 | 1,850 | 1,700 |
Treasury Board Vote 15 | ||||
Salary increases resulting from collective bargaining agreements |
107 | - | - | - |
|
||||
Total adjustments |
1,072 | 2,160 | 1,850 | 1,700 |
Total Planned Spending | 22,077 | 23,272 | 22,490 | 22,340 |
|
||||
Total Planned Spending |
22,077 | 23,272 | 22,490 | 22,340 |
Plus: Cost of services received without charge |
3,265 | 3,187 | 3,186 | 3,186 |
Total Commission Spending |
25,342 | 26,459 | 25,676 | 25,526 |
Full Time Equivalents | 183 | 200 | 202 | 202 |
Reflects the best forecast of total planned spending to the end of the fiscal year. |
|
The increase of $1.2M between the 2006-2007 and 2007-2008 total planned spending is mainly attributed to:
The decrease of $0.8M between the 2007-2008 and 2008-2009 total planned spending is attributed to:
|
($ thousands) | |||||
Vote or Statutory Item | Truncated Vote or Statutory Wording | Main Estimates 2007-2008 |
Main Estimates 2006-2007 |
||
10 | Program expenditures | 18,785 | 18,643 | ||
(S) |
Contributions to employee benefit plans | 2,327 | 2,362 | ||
Total Commission | 21,112 | 21,005 | |||
The increase of $107,000 between the 2007-2008 and 2006-2007 Main Estimates is mainly attributed to the increase in compensation for collective bargaining agreements signed by July 31, 2006.
($ thousands) | 2007-2008 | ||||
Accommodation provided by Public Works and Government Services Canada |
2,301 | ||||
Contributions covering employer's share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat |
881 | ||||
Worker's compensation coverage provided by Human Resources and Social Development Canada |
5 | ||||
2007-2008 Services received without charge | 3,187 |
2007-2008 | ||||
($ thousands) | Knowledge Development | Discrimination Prevention | Dispute Resolution | Total Planned Spending |
Executive Offices |
163 | 208 | 372 | 743 |
Dispute Resolution Branch |
- | - | 7,005 | 7,005 |
Discrimination Prevention Branch |
502 | 4,697 | 1,132 | 6,331 |
Knowledge Centre |
3,391 | 90 | 714 | 4,195 |
Corporate Management Branch and Corporate Secretary | ||||
|
||||
Corporate Management Branch |
892 | 1,146 | 2,086 | 4,124 |
Corporate Secretary |
87 | 325 | 462 | 874 |
Total Commission | 5,035 | 6,466 | 11,771 | 23,272 |
Note: These figures reflect adjustments made following the 2007-2008 revised budget allocation as per the implementation of a new organizational structure started in November 2005.
($ thousands) | Current Estimated Total Cost | Forecast Spending to March 31, 2007 | Planned Spending 2007-2008 | Planned Spending 2008-2009 | Planned Spending 2009-2010 | Future Years' Spending Requirement |
Dispute Resolution |
||||||
Case management technology project, Phase 4: implement case and audit management system |
1,400 | 950 | 450 | - | - | - |
Table 6: Internal Audits and Evaluations
*Planned Internal Audits and Evaluations | Estimated Start | Estimated Completion |
Discrimination Prevention Program Evaluation Study | 2007 | 2008 |
* The Commission is currently reviewing its internal audit and evaluation functions as a result of the TBS 2006 Policy on Internal Audit and anticipated 2007 Policy on Evaluation.
Corporate Management encompasses the following services: finance and administration; human resources; learning and development; planning, audit and evaluation; information management/information technology; access to information and privacy; and secretariat services to the Commission. It also is responsible for the delivery of the International Program. The Commission
has prepared and submitted a progress report against all criteria of the Government’s Management Accountability Framework and is awaiting assessment by the Treasury Board Secretariat.
Historically, the Commission has played a leadership role in a variety of international fora and delivered concrete and comprehensive results that promoted the Canadian Government's foreign and international development priorities. Over the last few years, the Commission focused its efforts on reforming its structure and processes to increase its efficiency and credibility domestically. As a result, the Commission is now in a better position to review its international engagement. Although the scope of potential activities is broad, the Commission will develop a strategic approach, focusing its efforts where its expertise, developed through the delivery of its domestic mandate, is most cost-effective and supports broad Government of Canada international human rights priorities.
Management Accountability Framework
Governance and Strategic Direction
In 2006-2007, the Commission amended its Program Activity Architecture to better reflect its program activities. The Commission has an established planning calendar to deliver the key government-wide planning and reporting activities. On an annual basis, the Commission identifies strategic priorities for the following three-year period and operational priorities for the following fiscal year. Overall progress against plans is monitored in a number of ways, including monthly reports to Commissioners.
Public Service Values
The Commission is committed to achieving high standards of ethical conduct. Performance accords for all executives and senior counsel include objectives on providing leadership in promoting values and ethics in the workplace. The Commission will continue to obtain feedback from employees on workplace issues. For example, the Employee Departure Feedback program provides useful information in assessing the Commission’s work environment and identifying areas for improvement. Coordinators for wrong-doing and harassment are in place.
Learning, Innovation and Change Management
The Commission has a learning strategy in place and all employees are encouraged to have individual learning plans. Evaluations of the previous year’s individual learning plans strengthen future year plans in terms of meeting corporate and individual needs.
Results and Performance
The Commission will review its corporate Results-Based Management Accountability Framework (RMAF) and Performance Management Framework in light of changes in organizational structure. The Commission is also in the process of standardizing its performance reporting to Parliament and developing internal performance “dashboards.” The dashboards will provide early warning in areas that require attention in order to meet performance goals. During 2007-2008, the Commission’s financial system will be redesigned in order to be able to report against both branch and program activity outputs.
People
The Commission successfully met all of the essential requirements for implementing the Public Service Modernization Act (PSMA). The focus throughout the next reporting period will be on developing strategies to address any competency gaps between the current workforce and that needed to meet its longer term goals. Emphasis will be placed on knowledge transfer and succession planning given the significant number of employees who are eligible to retire in the next three years. A workplace wellness policy is being developed and will be in place for the next reporting period.
Risk Management
In 2006-2007, the Commission finalized its risk management policy and framework. Training was provided to management and tools were developed and distributed to assist with integrating risk analysis into planning and decision making. During 2007-2008, the Commission plans to update its Corporate Risk Profile so that key risk areas and mitigation strategies remain current.
Stewardship
The Commission has developed Risk-Based Audit Plans since 2003. In view of the updated 2006 Treasury Board Policy on Internal Audit, the Commission is reassessing its current approach for audit and evaluation and considering its options for future work in these areas. During 2007-2008, a course of action will be taken that fulfils the Commission’s accountabilities and provides assurance to senior management that internal controls are in place and functioning properly.
Accountability
During 2006-2007, all executives and managers completed the on-line knowledge assessments required to validate delegated signing authorities. The Commission is in the process of revising its authorities and delegations with respect to both financial and human resources management. All managers will be trained on the revised delegations aimed at strengthening accountability. Performance agreements and appraisals are completed annually for managers and staff. Executive accountability accords are monitored on a quarterly basis by the Secretary General.
Citizen-Focussed Service
The Commission will develop a stakeholder engagement strategy to guide the development of policies, programs and services. A separate engagement strategy will be developed in relation to the possible repeal of section 67 of the Canadian Human Rights Act, which will allow First Nations people full access to the human rights complaint system. The Commission’s investment in modernizing its electronic business applications—the Complaint Management System and the Employment Equity Audit Tracking System—contributes to enhanced on-line service for Canadians.