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Section II – Analysis of Program Activities

2.1 Strategic Outcome

The Commission works toward equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the CHRA and the EEA by federally regulated employers and service providers, as well as the public whom they serve. All Canadians benefit when organizations are sensitive to human rights, consider differing needs, and respond to misunderstandings before they develop into discrimination complaints.

This section outlines the expected results of the program activities that contribute to the realization of the strategic outcome.

Program Activity – Human Rights Knowledge Development and Dissemination Program

To help foster understanding of, and compliance with, the CHRA and the EEA, this program focuses on the development and dissemination of research, policies, and regulatory instruments. This information is used to advise and support the Commission, federal departments and agencies, Crown corporations and federally regulated private sector organizations, provincial and territorial government bodies, international agencies, non-governmental organizations and the public. The Commission's international involvement is primarily under the auspices of the United Nations.

Program Activity – Human Rights Knowledge Development and Dissemination Program

Human Resources (FTEs) and Planned Spending ($ thousands)
2010–11		2011–12		2012–13
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
25	3,789	26	3,708	26	3,624

Expected Results	Performance Indicators	Targets
Awareness and understanding of the Acts are increased among federally regulated employers and service providers, as well as the public whom they serve.	Number of new knowledge products and activities.	Eight (8) per year
	Percentage change in the number of visits to the website and subscribers for information updates.	5% increase by March 2011
	Percentage of human resource managers in federal government departments who are aware of the employer requirements under the Acts.	Baseline established by March 2010
http://www.chrc-ccdp.ca/knowledge_connaissances/default-en.asp

Planning Highlights

The Human Rights Knowledge Development and Dissemination Program will contribute to the 2010–11 priority of increased capacity of First Nations to address human rights issues within their own communities by enhancing understanding of balancing collective and individual rights in the application of the CHRA. Through participant engagement in events, the Commission will seek to generate a discussion on collective rights and the interpretative clause. Diversity of views is seen by the Commission as an opportunity to add richness to the understanding of collective rights. The Commission will measure its success by the number of participants and the participants' evaluation of the events.

The Program will also contribute to increasing the capacity of First Nations to address human rights issues within their own communities by facilitating the development of internal redress processes. The Commission will initiate an action research project with an interested First Nations community (or group of communities) to pilot an internal alternative redress process to prevent, manage and resolve human rights disputes. The Commission will have met its plan if, by December 2011, the pilot results in the development of a Learning Guide for broader application by other First Nations organizations.

The Program will support the 2010–11 priority of federally regulated organizations demonstrating progress toward a self-sustaining human rights culture by developing model policies on key human rights issues for use by these organizations. There is a risk that the model policies will not be accessed—and/or used—by federally regulated organizations. The Commission will mitigate the risk by involving stakeholders (i.e., non-governmental organizations, unions, industry associations) early in the process, and developing a communication strategy to reach out to the intended audiences after the release of products. The Commission will have met its plan if the model policies are accessed and organizations find them useful.

Benefits for Canadians

The Commission creates knowledge and undertakes activities or initiatives with the intention of raising awareness of the Acts and of the principles of human rights. Insofar as key stakeholders are involved in developing these products, and so long as there is easy access to them online, Canadians will benefit from the sharing of high-quality and easily accessible knowledge.

Once Commission products or activities have been shared, the expectation is that the recipients will understand the main messages and will be motivated to apply the knowledge. As a result, federally regulated organizations and the public they serve will have a better understanding of the rights and responsibilities outlined in the CHRA and the EEA. A shared understanding of the Acts is a strong basis for building equality and respect for human rights.

Program Activity – Discrimination Prevention Program

This program supports increased equality of opportunity without discrimination on prohibited grounds, in federally regulated workplaces and service centers, through the implementation of the employment equity audits and employer liaison activities. Stakeholder engagement may involve federal departments and agencies, Crown corporations and federally regulated workplaces, private sector organizations, provincial and territorial government bodies, international agencies, and non-governmental organizations.

Program Activity – Discrimination Prevention Program

Human Resources (FTEs) and Planned Spending ($ thousands)
2010–11		2011–12		2012–13
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
42	4,515	43	4,739	44	4,679

Expected Results	Performance Indicators	Targets
Federally regulated employers and service providers are committed to preventing discrimination and to resolving disputes internally.	Number of prevention initiatives completed.	50 a year
	Percentage of MOU signatories surveyed bi-annually who demonstrate commitment.	60%
	Federally regulated organizations willing to pilot test the CHRC Integrated Human Rights Maturity Model.*	5
	Progress made by federally regulated organizations on the maturity model continuum.*	Increase of one level of human rights maturity by a pilot site after one year of pilot testing
The employment equity audit model is contributing to audited organizations' meeting their employment equity plan goals.	Number of audits completed.	40 a year
	Percentage of audited organizations that will have met their employment equity plan goals within six (6) years of the first employment equity audit.	50% by March 2011
	Decrease in total representation gap in designated employment equity groups.*	Establish baseline by March 2011
http://www.chrc-ccdp.ca/preventing_discrimination/default-en.asp

* Additional performance indicators (not in the current Performance Measurement Framework) are included to improve performance reporting in 2010–11.

Planning Highlights

This program activity contributes to the Commission's strategic outcome by ensuring, through audits, that federally regulated employers comply with the EEA. As of January 2009, the Commission had initiated audits for 42.9% of federally regulated employers, representing 80.2% of the workforce under its mandate. In the public service, visible minorities continue to be under-represented while the three other designated groups are under-represented in the private sector. The employment equity workforce has increased by 12.8% between 2001 and 2006 whereas the total workforce increased by 8.6% over the same period. This leads to challenges for employers to eliminate the representation gap, given constant demographic evolution.

The Discrimination Prevention Program will contribute to the priority of increased capacity of First Nations to address human rights issues within their own communities by investing in learning programs and events to help First Nations prevent discrimination. The Commission plans to focus the Discrimination Prevention Forum on First Nations. Lack of interest in the Forum is a risk that will be mitigated by marketing, effective partnering with stakeholders and ensuring the agenda is appealing. The Commission will measure its success through participation of Aboriginal people in the Forum.

In addition, the Commission plans to hold learning events with First Nations and other Aboriginal stakeholders. While the level of interest for these learning events is uncertain, research to assess the demand as well as effective planning and marketing will reduce the risk of poor attendance. In addition, if demand exceeds capacity to deliver, the Commission will develop tools that provide sufficient information. The Commission will have met its plan if, by the end of 2010–11, it holds at least five learning events.

The Discrimination Prevention Program will support the 2010–11 priority of federally regulated organizations demonstrating progress toward a self-sustaining human rights culture by piloting the Integrated Human Rights Maturity Model. The Maturity Model is designed to help federally regulated employers and service providers develop and sustain a human rights culture within their organizations. The Maturity Model will be both a roadmap and a tool to measure success. The Commission plans to pilot the Maturity Model in five organizations—a mix of industry, size and private/public sectors. Targeted marketing of the benefits of the Maturity Model and a strong stakeholder engagement strategy will be used to ensure interest and commitment from various organizations. The risk of lack of organizational capacity will be mitigated through effective planning, scaling the pilot(s) appropriately and developing tools for participants. There is also a risk that the employer's expectations on the results of the Maturity Model pilot and the Commission's do not match. The Commission will reduce this risk by clearly defining the pilot's expected results, prior to implementation. 

The Program will support the 2010–11 priority of federally regulated organizations demonstrating progress toward a self-sustaining human rights culture by defining the characteristics of an effective internal redress process and facilitating its implementation. This work will include documenting alternative dispute resolution processes used by employers and service providers. Sharing these processes will contribute to the knowledge and capacity of federally regulated organizations to build on a human rights culture.

The Program will also contribute to the second priority by restructuring employment equity audit activities to support the Integrated Human Rights Maturity Model. The Commission will facilitate the creation of a culture of human rights by achieving employment equity objectives. The Commission will measure its success through clearly defined links between employment equity and the Maturity Model and the number of organizations that voice interest in the Maturity Model as a result. 

Benefits for Canadians

By creating synergy between its Employment Equity Program and the Integrated Human Rights Maturity Model, the Commission provides a model for implementing workforce practices that continuously improve an organization's human rights culture. It also provides a framework with which designated groups may convey to employers the importance of employment equity as one of the fundamental principles for becoming an employer of choice. 

Organizations are involved in defining what support they need to better integrate respect for human rights in their workplaces. The immediate outcome of this stakeholder engagement is a joint appreciation of responsibilities to prevent discrimination and/or to resolve disputes internally. This is followed by an enhanced application of human rights practices in workplaces and in service delivery areas. The ultimate benefit for Canadians is a decrease in discriminatory behaviours, a decrease in complaints related to human rights, and the encouragement of self-sustaining human rights cultures in federally regulated organizations.

Program Activity – Human Rights Dispute Resolution Program

This program supports resolution of human rights complaints against federal departments and agencies; federally regulated workplaces, Crown corporations, private sector organizations; and the public. The resolution of complaints may involve a range of dispute resolution processes, as well as an investigation if complaints are unresolved by the parties, prior to a decision by Commissioners. If a case is referred to the Canadian Human Rights Tribunal, the Commission's litigation team is involved in all mediations, and participates in hearings, where appropriate, representing the public interest.

Program Activity – Human Rights Dispute Resolution Program

Human Resources (FTEs) and Planned Spending ($ thousands)
2010–11		2011–12		2012–13
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
74	8,109	76	8,369	76	8,494

Expected Results	Performance Indicators	Targets
Parties to disputes are satisfied with the dispute resolution process.	When surveyed, parties to disputes report they are satisfied that the dispute resolution process was fair, user-friendly and/or flexible.	Baseline to be established
Commission involvement in human rights disputes facilitates the resolution of disputes in a non-adversarial manner at the earliest stage possible, ensures that the public interest is addressed and increases understanding of the CHRA.	The ratio between the number of new disputes opened and the number of disputes dealt with along the full dispute resolution continuum.	A 1:1 balance
	By 2011, the percentage of disputes settled at the Commission out of the total of those dealt with.	40% by 2011, or a benchmark established after one year of collecting data
http://www.chrc-ccdp.ca/disputeresolution_reglementdifferends/default-en.asp

Planning Highlights

This program activity contributes to the achievement of the Commission's strategic outcome by providing dispute resolution services in cases of alleged discrimination by federally regulated employers, unions and service providers. The Human Rights Dispute Resolution Program will contribute to the achievement of its strategic outcome by developing a framework for identifying and addressing systemic issues. The Commission will report on systemic trends in the complaints stream and follow up on systemic remedies to ensure compliance. It is believed that dealing with systemic issues will, over time, reduce the resource demands on the rest of the system.

One of the first steps toward building capacity and readiness for the full implementation of the repeal of section 67 is to raise awareness about the CHRA and the EEA among Aboriginal people. It is a foundational step toward contributing to the priority of increasing the capacity of First Nations to address human rights issues within their own communities. To this end, the Commission will continue to increase the understanding of the Commission's dispute resolution process working with relevant staff and leaders of national and regional Aboriginal organizations. Success will be achieved when First Nations and other Aboriginal organizations report that they are confident in their ability to respond to questions from their members about the Commission's dispute resolution process. The program will continue building internal competency in order to deal with the complexity of new cases and the operational capacity to address the number of cases. The Commission plans to establish a network of Aboriginal mediators to be called upon to mediate complaints. Some factors may impede the creation of this network such as the shortage of Aboriginal mediators, and the speed at which new mediators can be developed. 

Benefits for Canadians

For dispute resolution services to be meaningful, the parties to disputes need to understand the Commission's processes and service standards. Their satisfaction with services received is an important indicator of the Commission's success. The Commission emphasizes the importance of dealing with complaints and finding solutions through dialogue by encouraging non-adversarial methods of dispute resolution. The parties to all cases, resolved or unresolved, benefit from fair, expeditious and accessible human rights processes; and gain an increased understanding of the CHRA.

Through accessing information and tools via Commission staff, employers should increase their understanding of how to prevent complaints and ensure that their workplace is free from discrimination; and complainants should have a better understanding of their rights and responsibilities under the CHRA. The ultimate benefit to Canadians is protection from discrimination and increased compliance with the CHRA.

By participating in precedent-setting human rights cases, the Commission contributes to the clarification and development of human rights law, which increases protection for all Canadians and affirms the fundamental value of supporting diversity.

Program Activity – Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Program Activity – Internal Services

Human Resources (FTEs) and Planned Spending ($ thousands)
2010–11		2011–12		2012–13
FTEs	Planned Spending	FTEs	Planned Spending	FTEs	Planned Spending
56	6,062	57	6,142	57	6,142

Planning Highlights

Internal Services will consult with the Program areas to identify the most effective way to support the Commission's priorities and plans. The program will contribute to the achievement of the Commission's strategic outcome by strengthening its management framework. The assessment results from the 2009 Management Accountability Framework exercise will form the basis for an action plan to continue strengthening the Commission's management framework and achieve a common standard of organizational excellence whereby managers and staff apply exemplary business management practices.

In 2010–11, Internal Services will focus on strengthening security. The extent to which the Commission can ensure its own security directly affects its ability to ensure the continued delivery of its services. The Commission will review and assess its security program to ensure that it meets the standards that support the Policy on Government Security in the following subject areas: information and identity assurance; individual security screening; physical security; IT security; emergency and business continuity management; and security in contracting.

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