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ARCHIVED - RPP 2007-2008
Canadian Human Rights Tribunal


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Section 3 Supplementary Information

3.1 Organizational Information

Role of the Tribunal

The Canadian Human Rights Tribunal is a quasi-judicial body created by Parliament to inquire into complaints of discrimination and to decide if particular practices have contravened the Canadian Human Rights Act (CHRA). The Tribunal also decides cases brought under the Employment Equity Act (EEA) and, pursuant to section 11 of the CHRA, determines allegations of wage disparity between men and women doing work of equal value in the same establishment.

The Tribunal considers matters concerning employment or the provision of goods, services, facilities or accommodation. The CHRA makes it an offence for anyone to discriminate against any individual or group on 11 grounds:
  • race;
  • national or ethnic origin;
  • colour;
  • religion;
  • age;
  • sex (includes pay equity, pregnancy, childbirth and harassment, although harassment can apply to all grounds);
  • marital status;
  • family status;
  • sexual orientation;
  • disability (can be mental/physical and includes disfigurement and past, existing or perceived alcohol or drug dependence); or
  • conviction for which a pardon has been granted.

The Tribunal’s jurisdiction covers matters that come within the legislative authority of the Parliament of Canada, including those concerning federal government departments and agencies, as well as banks, airlines and other federally regulated employers and providers of goods, services, facilities and accommodation. The Tribunal holds public hearings to inquire into complaints of discrimination. Based on evidence and the law (often conflicting and complex), it determines whether discrimination has occurred. If it has, the Tribunal determines the appropriate remedy to compensate the victim of the discriminatory practice, as well as policy adjustments necessary to prevent future discrimination.

The majority of discriminatory acts that the Tribunal adjudicates are not malicious. Many conflicts arise from long-standing practices, legitimate concerns by employers, or conflicting interpretations of statutes and precedents. The role of the Tribunal is to discern the positions of the parties and establish fair and appropriate “rules” to resolve the dispute.

The Tribunal may only inquire into complaints referred to it by the Canadian Human Rights Commission, usually after a full investigation by the Commission. The Commission resolves most cases without the Tribunal’s intervention. Cases referred to the Tribunal generally involve complicated legal issues, new human rights issues, unexplored areas of discrimination or multi-faceted evidentiary complaints that must be heard under oath, especially in cases with conflicting evidence where issues of credibility are central.

The Tribunal is not an advocate for the CHRA; that is the role of the Commission. The Tribunal has a statutory mandate to apply the Act based solely on the evidence presented and on current case law. If there is no evidence to support the allegation, then the Tribunal must dismiss the complaint.

Our Organizational Structure

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 (see Figure 3.1). Under the statute, both the Chairperson and the Vice-Chairperson must have been members of the bar for more than 10 years.

Figure 3.1. The Tribunal's Organization Chart

organization chart

Members

To be eligible for appointment by the Governor in Council, all members of the Tribunal are required to have expertise in, and sensitivity to, human rights issues. In addition, members attend regular meetings for training and briefing sessions on such topics as decision-writing techniques, evidence and procedure, and in-depth analysis of human rights issues. Throughout their three- or five-year terms, all Tribunal members are given opportunities for professional development.

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. The Registry is also accountable for the operating resources allocated to the Tribunal by Parliament.

Corporate, Financial, Legal and Information Technology Services

Tribunal and Registry operations are supported by Corporate Services, Financial Services, Legal Services and Information Technology Services.

Corporate Services provides support to the Tribunal in facilities management, communications, materiel management, procurement of goods and services, information management, security, reception, and courier services. It also assists the Registrar’s Office in the development and implementation of government-wide initiatives, such as representativeness, workforce capacity-building, linguistic rights, stewardship and accountability.

Financial Services provides the Tribunal with accounting services, financial information and advice.

Legal Services provides the Tribunal with legal information, advice and representation.

The main priority of Information Technology Services is to ensure that the Tribunal has the technology required to perform efficiently and effectively and that it is secure. The section advises Registry staff and members on the use of corporate systems and technology available internally and externally, and offers training. It provides procurement and support services for all computer hardware, software and information technology services. The section is also responsible for ensuring system compliance with government-wide technology policies and for ensuring system integrity and continuity.

Human resources services are contracted out to Public Works and Government Services Canada.

Funding

The Tribunal is funded by annual appropriations from Parliament through a program expenditures vote for hearings and administrative operating expenditures. Main reference levels are not usually sufficient to cover costs for cases requiring inordinately long hearings, such as cases to determine allegations of wage disparity between men and women doing work of equal value in the same establishment (i.e., pay equity cases); Treasury Board submissions are prepared as required to obtain additional funding for these cases.

3.2 What's New

Workload

From 1996 to 2002, the Canadian Human Rights Commission was referring about 44 human rights complaints each year on average. In 2003, there was a dramatic rise in the number of new case files opened, to 130, with a further increase to 139 in 2004. The number of case files opened at the Tribunal decreased slightly in 2005, to 99. Seventy case files were opened in 2006. At the time of publication, 97 case files remain active at the Tribunal.

Based on advice from Commission representatives, the Tribunal can anticipate the volume of human rights complaints to decrease further toward pre-2003 levels within the next few years. Meanwhile, however, the Tribunal continues to deal with its heaviest workload since its creation in 1998. The Tribunal is also working on several important horizontal government initiatives, most notably modernizing human resources management, strengthening accountability frameworks, refining government information management, and reinforcing internal audit and business continuity. With its limited resources, the Tribunal anticipates some daunting challenges in 20072008.

To meet these challenges, the Tribunal plans a combination of operational and corporate strategies. As noted in Priority 1, the Tribunal’s introduction in 2005 of a case management system for closely monitoring the pre-hearing phase of inquiries and the implementation of the Tribunal Toolkit, which is an automated case management system, will help make the inquiry process more efficient. Priority 3 further underscores the Tribunal’s plans for collaborative arrangements, information-sharing opportunities and partnerships with other government departments and agencies. This will assist the Tribunal in meeting the above-mentioned government initiatives at a much lower cost than the Tribunal’s very limited resources would otherwise expect to achieve, at least not without severely hampering the Tribunal’s operational services.

In 20072008 and beyond, the Tribunal will continue to seek every opportunity for benefiting from both new technologies and inter-departmental and agency collaborations. In this way, we believe that the Tribunal will be well positioned to continue not only to meet its mandate for conducting inquiries without undue delay to the parties, but also to fulfil its managerial responsibilities to meet management expectations for probity of resources and accountability.

3.3 Tribunal Links to Government of Canada Outcome Areas



2007-2008

Program Activity

Budgetary

Total Main Estimates

Adjustments (planned spending not in Main Estimates)

Total Planned Spending

Operating

Gross

Revenue

Net

Strategic Outcome: Individuals have equal access, as determined by the Canadian Human Rights Act and the Employment Equity Act, to the opportunities that exist in Canadian society through the fair and equitable adjudication of human rights and employment equity cases that are brought before the Canadian Human Rights Tribunal.

Conduct hearings under the CHRA

4.3

4.3

-

4.3

4.3

-

4.3

Review directions given under the EEA1

-

-

-

-

-

-

-

Total

4.3

4.3

-

4.3

4.3

-

4.3


1 No activity is anticipated under the program activity called Review directions given under the EEA; therefore, no funds have been allocated or approved.

Program Activities 1 and 2 contribute to the achievement of government's outcome area of "creating a diverse society that promotes linguistic duality and social inclusion."

3.4 Resource Requirements

Table 3.1 Tribunal Planned Spending and Full-time Equivalents




($ millions)

Forecast Spending
2006-2007

Planned Spending
2007-2008

Planned Spending
2008-2009

Planned Spending
2009-2010

Public hearings under the CHRA

4.4

4.3

4.3

4.3

Review directions given under the EEA

-

-

-

-

Budgetary Main Estimates (gross)

4.4

4.3

4.3

4.3

Public hearings under the CHRA

-

-

-

-

Review directions given under the EEA

-

-

-

-

Non-Budgetary Main Estimates (gross)

-

-

-

-

Less: Respendable Revenue

-

-

-

-

Total Main Estimates

4.4

4.3

4.3

4.3

Adjustments:

       

Supplementary Estimates:

       

Funding for administration and coordination of pay equity cases before the Canadian Human Rights Tribunal

-

-

-

-

Operating budget carry-forward (horizontal item)

0.1

-

-

-

Total Adjustments

-

-

-

-

Total Planned Spending

4.5

4.3

4.3

4.3

Total Planned Spending

4.5

4.3

4.3

4.3

Less: Non-respendable revenue

-

-

-

-

Plus: Cost of services received without charge

1.2

1.2

1.2

1.2

Total Departmental Spending

5.7

5.5

5.5

5.5

Full-time Equivalents

26

26

26

26


Note: The figures for 2006-2007 and beyond include a reduction of $10,000 each year for procurement savings as directed by Treasury Board Secretariat.

Table 3.2 Voted and Statutory Items


Vote or Statutory Item

Truncated Vote or Statutory Wording

2007-2008
Main Estimates

2006-2007
Main Estimates

15

Program expenditures

3.9

4.0

(S)

Contributions to employee benefit plans

0.4

0.4

Total Tribunal

4.3

4.4


Table 3.3 Services Received without Charge


($ millions)

2007-2008

Accommodation provided by Public Works and Government Services Canada

1.0

Contributions covering the employer's share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat (excluding revolving funds)

0.2

Salary and associated expenditures of legal services provided by the Department of Justice Canada

-

Total 2007-2008 Services Received without Charge

1.2


Calculations: Insurance Plans - 7% of $2,140,000 = $149,800.

Table 3.4 Internal Audits and Evaluations


Internal Audits or Evaluations

The Tribunal continues to work closely with the Treasury Board Secretariat of Canada, in partnership with the community of federal small agencies, to design, develop and implement an internal audit and evaluation capacity. A program evaluation is planned for fiscal year 2007-2008.