Department of Justice

THE CANADIAN HUMAN RIGHTS TRIBUNAL

1. The mandate of the Canadian Human Rights Tribunal

The Canadian Human Rights Tribunal is a quasi-judicial body created by Parliament to inquire into complaints of discrimination concerning federal and federally-regulated employers and service providers and to decide if particular cases have contravened the Canadian Human Rights Act (CHRA). The CHRA prohibits discrimination on the grounds of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, sexual orientation, disability and conviction for which a pardon has been granted.

The Tribunal may only inquire into complaints referred by the Canadian Human Rights Commission, where people may exercise their rights under the CHRA by filing discrimination complaints. The Commission first investigates the complaint to determine whether there is sufficient evidence to forward the complaint to the next stage, conciliation. During conciliation the Commission will try to help parties reach a settlement that is acceptable to both sides and in the public interest. The Tribunal has a statutory mandate to apply the CHRA based on the evidence presented and on current case law.

If the Tribunal determines that discrimination has occurred, it will decide on the appropriate remedy to stop future discrimination and to compensate the victim of the discriminatory practice.

2. The Tribunal’s structure

Until recently, the Canadian Human Rights Tribunal was an ad hoc group selected from the Human Rights Tribunal Panel. Members of the Panel would hear cases on a part-time basis only.

Following amendments passed by Parliament in May 1998, the Canadian Human Rights Tribunal is now a smaller, standing tribunal with a full-time Chairperson and

Vice-chairperson, as well as up to 13 other members who may be appointed on a full- or part-time basis. The new structure will provide greater efficiency in hearing cases, create a consistent body of decisions and develop a solid base of expertise to deal with the often complex issues of law surrounding some complaints. A standing tribunal will also help to speed up the complaints process by ensuring that members are more readily available to deal with cases.

3. Independence and accountability

The Canadian Human Rights Tribunal operates independently of the Canadian Human Rights Commission as a separate agency. The separation of the Tribunal from the Commission underlines the Tribunal’s independence and impartiality.

The Tribunal has a statutory mandate to apply the Canadian Human Rights Act based on the evidence presented and on current case law. Proceedings before the Tribunal are conducted as informally and expeditiously as the requirements of natural justice and the rules of procedures allow.

Decisions of the Tribunal are reviewable by the Federal Court of Canada.

4. Appointments

Appointments to the Tribunal are made by Governor-in-Council based on recommendations by the Minister of Justice. The Act provides that persons appointed as members of the Tribunal must have experience, expertise and interest in, and sensitivity to human rights.

The Chairperson and Vice-chairperson, appointed to hold office for not more than seven years, are full-time members of the Tribunal and responsible for supervising and directing its work. Other Tribunal members are appointed as either full-time or part-time members for a term of up to five years.

The Chairperson, Vice-chairperson or any other member is eligible for re-appointment when his or her term expires.

5. Transition provisions

These amendments will not affect current cases. They will continue as scheduled with the members who have already been appointed to hear them.