Difference between revisions of "Canadian Human Rights Act (6:IV)"

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*c) employment, employment application advertising, and membership in, or benefit from, employee organizations;

*d) publication of discriminatory notices, signs, symbols, emblems or other representations;

e) situations where an individual filed a complaint under the CHRA; and f) communication of “hate” messages.C.~~ExceptionsUnder~~ s 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in ~~BC’ s~~ HRC, such as those relating to bona fide occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under ss 9 & 15 of the CHRA which is now a significant difference from the HRC of BC, where mandatory retirement is now generally prohibited. Section 16 of the CHRA (similar to s 42 of the B.C. HRC) states that an Equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself. Previously, s 67 of the CHRA stated that the CHRA did not apply to the Indian Act, with the result that any actions taken by band councils or the federal government under the Indian Act were exempt from the CHRA. Section 67 has since been repealed, which was a contentious move among some First Nations leaders.D.Filing a Complaint Under the ~~A ctAny~~ individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a complaint, the Commission may refuse to proceed without the ~~victim’ s~~ consent. The Commission itself may lay a complaint or it may discontinue an investigation if it deems the complaint to be frivolous or if other alternatives would be more appropriate. The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office but in practice it is generally preferable to deal with the ~~Commission’ s~~ Vancouver office. Please consult the ~~Commission’ s~~ website for a detailed description of the complaint process (see Section I.B:Resources, above).1.How Complaints are ~~HandledIt~~ is, in most cases, both possible and preferable that complaints be resolved through discussions leading to mutual agreement. To facilitate this, the CHRA provides for an investigation stage and, where necessary, a conciliatory stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible. Instead of, or subsequent to, these stages, the Commission may refer the complaint to a quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the complainant at all stages of the process, and usually represents the complainant at the hearing stage. However, it acts in a more neutral fashion at the investigation and mediation stages. Please note that the caveat about the difficulty of proving specific discrimination, mentioned in regard to the BC HRC, also applies to the federal CHRA. The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the Federal Courts Act, R.S. 1985, c. F-7 (see Chapter 20: Public Complaints ~~Procedures~~)

*e) situations where an individual filed a complaint under the CHRA; and

*f) communication of “hate” messages.

== C. Exceptions ==

Under s 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in BC’s HRC, such as those relating to bona fide occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under ss 9 & 15 of the CHRA which is now a significant difference from the HRC of BC, where mandatory retirement is now generally prohibited.

Section 16 of the CHRA (similar to s 42 of the B.C. HRC) states that an Equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself.

Previously, s 67 of the CHRA stated that the CHRA did not apply to the ''Indian Act'', with the result that any actions taken by band councils or the federal government under the ''Indian Act'' were exempt from the CHRA. Section 67 has since been repealed, which was a contentious move among some First Nations leaders.

== D. Filing a Complaint Under the Act ==

Any individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a complaint, the Commission may refuse to proceed without the victim’s consent. The Commission itself may lay a complaint or it may discontinue an investigation if it deems the complaint to be frivolous or if other alternatives would be more appropriate.

The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office but in practice it is generally preferable to deal with the Commission’s Vancouver office. Please consult the Commission’s website for a detailed description of the complaint process (see [[Governing Legislation and Resources for Human Rights (6:I) | Section I.B:Resources]], above).

=== 1. How Complaints are Handled ===

It is, in most cases, both possible and preferable that complaints be resolved through discussions leading to mutual agreement. To facilitate this, the CHRA provides for an investigation stage and, where necessary, a conciliatory stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.

Instead of, or subsequent to, these stages, the Commission may refer the complaint to a quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the complainant at all stages of the process, and usually represents the complainant at the hearing stage. However, it acts in a more neutral fashion at the investigation and mediation stages. Please note that the caveat about the difficulty of proving specific discrimination, mentioned in regard to the BC HRC, also applies to the federal CHRA.

The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', R.S. 1985, c. F-7 (see [[Review of Provincial Court and Tribunal Decisions for Public Complaints (5:I) | Chapter 5: Public Complaints]]).

It is an offence, punishable on summary conviction, to obstruct any investigation under the CHRA (s 60).

The ''Canadian Human Rights Act'' limits the amount of damages that can be sought for injury to dignity to $20.000. However, unlike the HRC, which is not punitive but remedial, the federal tribunal can award up to $20,000 in damages where they believe the discriminatory conduct was done with recklessness or wilful disregard.

=== 2. Reasons Why Complaints May Not Proceed ===

Section 41 of the CHRA lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including:

*a) the complaint is beyond the jurisdiction of the Commission;

*b) the complaint could more appropriately be dealt with under another Act;

*c) the complaint is trivial, frivolous, vexatious, or made in bad faith;

*d) the complainant has not exhausted all reasonable alternative grievance or review procedures (if collective agreement or arbitration procedures are available, the client will be expected to pursue them); and

*e) the complaint was not filed within '''one year''' of the alleged act of discrimination (the Commission has the power to extend this period in certain circumstances).

@@ Line 16: / Line 16: @@
 *c) employment, employment application advertising, and membership in, or benefit from, employee organizations;
 *d) publication of discriminatory notices, signs, symbols, emblems or other representations;
-e) situations where an individual filed a complaint under the CHRA; and f) communication of “hate” messages.C.ExceptionsUnder  s 15,  there  are  general exceptions  to  practices considered  discriminatory, comparable  but  not identical to those found in BC’ s HRC, such as those relating to bona fide occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under ss 9 & 15 of the CHRA  which  is  now  a  significant  difference  from  the  HRC  of  BC,  where  mandatory  retirement  is now generally prohibited. Section  16  of  the  CHRA  (similar  to  s  42  of  the  B.C.  HRC)  states  that  an  Equity  plan  designed  to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself.   Previously, s 67 of the CHRA stated that the CHRA did not apply to the Indian Act, with the result that any actions taken by band councils or the federal government under the Indian Act were exempt from  the  CHRA.  Section  67  has  since  been  repealed,  which  was  a  contentious  move  among  some First Nations leaders.D.Filing a Complaint Under the A ctAny  individual  or  group  may  file  a  complaint  with  the Canadian  Human  Rights  Commission.  If someone  other  than  the  alleged  victim  files  a  complaint,  the  Commission  may  refuse  to  proceed without  the  victim’ s  consent.  The  Commission  itself  may  lay  a  complaint  or  it  may  discontinue  an investigation  if  it  deems  the  complaint  to  be  frivolous  or  if  other  alternatives  would  be  more appropriate. The   Commission   will   provide   advice   and   assistance   in   proceeding   with   the   complaint. Correspondence  may  be  addressed  to  the  Ottawa  office  but  in  practice  it  is  generally  preferable  to deal with the Commission’ s Vancouver office. Please consult the Commission’ s website for a detailed description of the complaint process (see Section I.B:Resources, above).1.How Complaints are HandledIt  is,  in  most  cases,  both  possible  and  preferable  that  complaints  be  resolved  through discussions  leading  to  mutual  agreement.  To  facilitate  this,  the  CHRA  provides  for  an investigation  stage  and,  where  necessary,  a  conciliatory  stage.  By  law,  the  complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible. Instead  of,  or  subsequent  to,  these  stages,  the  Commission  may  refer  the  complaint  to  a quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the complainant  at  all  stages  of  the  process,  and  usually  represents  the  complainant  at  the hearing stage. However, it acts in a more neutral fashion at the investigation and mediation stages.  Please  note  that  the  caveat  about  the  difficulty of  proving  specific  discrimination, mentioned in regard to the BC HRC, also applies to the federal CHRA. The  Tribunal  may  award  damages  and  relief  similar  to  an  injunction.  An  order  of  the Tribunal  is  enforceable  as  if  it  were  an  order  of  the  Federal  Court.  Any  judicial  review  is governed  by  the  limitation  period  set  out  in  the  Federal  Courts  Act,  R.S.  1985,  c.  F-7  (see Chapter 20: Public Complaints Procedures)
+*e) situations where an individual filed a complaint under the CHRA; and
+*f) communication of “hate” messages.
+== C. Exceptions ==
+Under s 15, there are general exceptions to practices considered discriminatory, comparable but not identical to those found in BC’s HRC, such as those relating to bona fide occupational requirements, pension plans, and insurance schemes. Retirement policies are still exceptions under ss 9 & 15 of the CHRA which is now a significant difference from the HRC of BC, where mandatory retirement is now generally prohibited.
+Section 16 of the CHRA (similar to s 42 of the B.C. HRC) states that an Equity plan designed to reduce the disadvantage suffered by a group of individuals, where that disadvantage is related to one of the grounds discussed above, is not discrimination in and of itself.
+Previously, s 67 of the CHRA stated that the CHRA did not apply to the ''Indian Act'', with the result that any actions taken by band councils or the federal government under the ''Indian Act'' were exempt from the CHRA. Section 67 has since been repealed, which was a contentious move  among some First Nations leaders.
+== D. Filing a Complaint Under the Act ==
+Any individual or group may file a complaint with the Canadian Human Rights Commission. If someone other than the alleged victim files a  complaint, the Commission may refuse to proceed without the victim’s consent. The Commission itself may lay a complaint or it may discontinue  an investigation if it deems the complaint to be frivolous or if other alternatives would be more appropriate.
+The Commission will provide advice and assistance in proceeding with the complaint. Correspondence may be addressed to the Ottawa office but  in practice it is generally preferable to deal with the Commission’s Vancouver office. Please consult the Commission’s website for a detailed description of the complaint process (see [[Governing Legislation and Resources for Human Rights (6:I) | Section I.B:Resources]], above).
+=== 1. How Complaints are Handled ===
+It is, in most cases, both possible and preferable that complaints be resolved through discussions leading to mutual agreement. To facilitate  this, the CHRA provides for an investigation stage and, where necessary, a conciliatory stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible.
+Instead of, or subsequent to, these stages, the Commission may refer the complaint to a quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the complainant at all stages of the process, and usually represents the complainant at the hearing stage. However, it acts in a more neutral fashion at the investigation and mediation stages. Please note that the caveat about the difficulty of  proving specific discrimination, mentioned in regard to the BC HRC, also applies to the federal CHRA.
+The Tribunal may award damages and relief similar to an injunction. An order of the Tribunal is enforceable as if it were an order of the  Federal Court. Any judicial review is governed by the limitation period set out in the ''Federal Courts Act'', R.S. 1985, c. F-7 (see [[Review of Provincial Court and Tribunal Decisions for Public Complaints (5:I) | Chapter 5: Public Complaints]]).
+It is an offence, punishable on summary conviction, to obstruct any investigation under the CHRA (s 60).
+The ''Canadian Human Rights Act'' limits the amount of damages that can be sought for injury to dignity to $20.000. However, unlike the HRC,  which is not punitive but remedial, the federal tribunal can award up to $20,000 in damages where they believe the discriminatory conduct was done with recklessness or wilful disregard.
+=== 2. Reasons Why Complaints May Not Proceed ===
+Section 41 of the CHRA lists the most common reasons for the termination of an investigation. The reasons are very similar to those discussed under the HRC, including:
+*a) the complaint is beyond the jurisdiction of the Commission;
+*b) the complaint could more appropriately be dealt with under another Act;
+*c) the complaint is trivial, frivolous, vexatious, or made in bad faith;
+*d) the complainant has not exhausted all reasonable alternative grievance or review procedures (if collective agreement or arbitration procedures are available, the client will be expected to pursue them); and
+*e) the complaint was not filed within '''one year''' of the alleged act of discrimination (the Commission has the power to extend this period in certain circumstances).

Difference between revisions of "Canadian Human Rights Act (6:IV)"

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