2,734
edits
Difference between revisions of "Canadian Human Rights Act (6:IV)"
From Clicklaw Wikibooks
Canadian Human Rights Act (6:IV) (view source)
Revision as of 20:08, 20 December 2022
, 20:08, 20 December 2022→1. How Complaints are Handled
| Line 39: | Line 39: | ||
Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation stage. By law, the complaint investigator cannot also be the conciliator, although in practice the investigator attempts to resolve the dispute whenever possible. | Many cases are resolved through discussions leading to mutual agreement. To facilitate this, the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' provides for an investigation stage and where necessary, a conciliation 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 the quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. 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'', RS 1985, c F-7 (see | Instead of or subsequent to these stages, the Commission may refer the complaint to the quasi-judicial Canadian Human Rights Tribunal. The Commission has the power to assist the claimant at all stages of the process, and usually represents the claimant at the hearing stage. However, it acts in a more neutral fashion at the investigation and conciliation stages. 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'', RS 1985, c F-7 (see [[Canadian_Human_Rights_Act_(6:IV)#D._Filing_a_Complaint_Under_the_Act|Chapter 5: Public Complaints Procedures]] of the LSLAP Manual). It is an offence, punishable by summary conviction, to obstruct any investigation under the '[https://laws-lois.justice.gc.ca/eng/acts/h-6/ 'CHRA]'' (s 60). | ||
The CHRA can award punitive damages up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive. | The CHRA can award punitive damages up to $20,000 where they believe that the discriminatory conduct was carried out recklessly or with wilful disregard. This represents a difference between the ''[https://laws-lois.justice.gc.ca/eng/acts/h-6/ CHRA]'' and the ''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96210_01 HRC]'', as the HRC’s focus is remedial rather than punitive. | ||
