What is the New Brunswick Human Rights Commission?

The Human Rights Commission is the provincial government agency that administers the Human Rights Act of the province of New Brunswick in Canada. The Commission consists of the Chairman and Commission members on one hand, and the Commission staff on the other.

The Commission's Chairman and members are appointed by the Lieutenant-Governor in Council. They meet several times a year to decide on complaints filed under the Human Rights Act and to develop and review policy.

Day-to-day operations are carried out by the Commission's staff, who work in two branches. The Education and Development Branch develops and promotes human rights education, while the Compliance Branch investigates and conciliates complaints about alleged violations of the Human Rights Act.  Top

• our latest annual report (PDF, 570 KB)
• the vision, mission and aims of the Commission
• the staff of the Commission and how to contact them
• the members of the Commission

What does the Human Rights Commission do?

The Commission investigates and conciliates formal complaints of discrimination filed under the New Brunswick Human Rights Act and advances equality of opportunity through public education programmes and community development activities.

The Commission also approves affirmative action plans and confers the New Brunswick Human Rights Award. As required by the Official Languages Act and sections 16 and 20 of the Canadian Charter of Rights and Freedoms, the services of the Commission are provided in French and English.

Two of the features of Canada's legal system are the rule of law and the separation of powers between the provinces and the federal government. Accordingly, the New Brunswick Human Rights Commission can only investigate the types of discrimination (inequality) that are barred by the Human Rights Act of New Brunswick. In short, the Act prohibits discrimination in employment, housing, public services, memberships and publicity based on race, colour, national origin, place of origin, ancestry, religion, age, physical or mental disability, marital status, social condition, political belief or activity, sexual orientation or sex, including pregnancy.

Also, due to Canada's federal system, the Commission cannot investigate discrimination occuring outside New Brunswick or discrimination in federally regulated activities, such as broadcasting, telecommunications, banking, railways, ships, airlines, extra-provincial transportation, Native reserves, federal Crown corporations and the federal government. Federal activities are subject to the Canadian Human Rights Act, which is administered by the Canadian Human Rights Commission. The rights, responsibilities and exceptions provided by the federal Act are somewhat different; for information about them, see the Canadian Human Rights Commission's website.

Please note also that the N.B. Human Rights Commission does not enforce the Canadian Charter of Rights and Freedoms (it is enforced by the courts) or the various international human rights instruments (since they are not Canadian laws, they cannot be enforced by the Canadian legal system).

For more information about the activities of the N.B. Human Rights Commission, please see its latest annual report (PDF, 320 KB).  Top

What services does the Commission offer employers, businesses and the community?

The Commission's staff can offer educational workshops on human rights issues to employers, businesses, classes and community groups. They can also provide them with educational resources, including audio-visual materials, relating to human rights issues.

In addition, the Commission's personnel can provide advice to employers, service providers and landlords, to name a few, to help them develop policies on human rights issues.

As stated in section 13 of the Human Rights Act of New Brunswick, the Commission may approve special programmes to eliminate and correct inequality. Employment equity programmes have been approved to advance the equality of women, visible minorities, persons with disabilities and Aboriginal peoples, for example.  Top

How can the Commission help me if I have been discriminated against?

The Commission's staff will listen to your concerns and can offer you advice. If your inquiry does not involve a violation of the Human Rights Act of New Brunswick, you may be referred to the appropriate agency or procedure. All inquiries are strictly confidential and all services are free of charge.

If your allegation is about discrimination based on a prohibited ground listed in the Human Rights Act, you may complete a complaint form. A copy will be given to the person against whom you are making the allegations. Section 8 of the Act forbids retaliation against anyone who has filed a complaint, given evidence or assisted in the procedure of a complaint with the Commission.

A Human Rights Officer will conduct an investigation and submit a report to the Commission and to the parties involved. If the Commission finds that the evidence supports the complaint, the Officer will try to negotiate a settlement.

If a settlement satisfactory to all parties involved cannot be negotiated, a Board of Inquiry may be appointed. A Board of Inquiry is an independent tribunal that holds a public hearing similar to a civil trial. It is not part of the Commission. The Board will consider the evidence and, if it upholds the complaint, it may order corrective action, including that: the discrimination stop and any harm be remedied; the victim be reasonably compensated for expenses, loss of pay and emotional suffering; a dismissed employee be rehired at their former job if they so desire.  Top