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- Who
should I contact if I have a human rights complaint?
- Why can't I take my case directly to the
Tribunal?
- What is the difference between the Canadian
Human Rights Tribunal (CHRT) and the Canadian Human Rights
Commission (CHRC)?
- Does the Canadian Human Rights Act
(CHRA) cover all human rights complaints in Canada?
- Where does the Canadian Human Rights Tribunal
get its authority?
- What are the grounds for discrimination
prohibited by the Canadian Human Rights Act?
- How does the Tribunal make its decisions?
- What is the difference between an interim
ruling and a final decision?
- What happens if I disagree with a Tribunal
ruling or final decision?
- Who sits on the Tribunal?
- Who is responsible for the day-to-day
running of the Tribunal?
- How can I find out about job opportunities
at the Tribunal?
- Where can I find more information about
human rights advocacy and policy issues, the grounds for
discrimination under the Canadian Human Rights Act
and the process of filing and resolving human rights complaints?
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1. You should contact the Canadian
Human Rights Commission. The Canadian Human Rights Tribunal
can only deal with cases which have been referred to it
by the Commission. Most complaints filed with the Commission
are resolved without being referred to the Tribunal. If
the complaint warrants further inquiry and an agreement
cannot be reached between the parties, the Commission will
send the case to the Tribunal.
2. Parliament has determined that because the Tribunal
acts like a court it must remain impartial. Its role would
be compromised if it acted as an advocate or if it investigated
complaints that it might eventually have to rule on.
3. It helps to think of the CHRT's role as similar to
that of a court and the CHRC's role as similar to that of
the police, receiving and investigating complaints. If the
Commission believes that further inquiry is warranted, and
a resolution between the parties cannot be reached, it refers
the case to the Tribunal for formal hearing. At this stage,
the Commission will take one of three positions:
1) It may act like a crown attorney and fully participate
at the hearing in the public interest by leading evidence
to prove a case of discrimination;
2) It may participate as above, but in a limited capacity
by addressing specific issues or legal questions, but will
not by present during the whole hearing; or
3) It may choose not to participate in the hearing process
at all.
In the last two scenarios, the complainant, through a lawyer
or on their own, will be required to lead the evidence necessary
to prove their case to the Tribunal. The Tribunal's role
in all situations is comparable to that of a judge, deciding
the case fairly and impartially by weighing all the evidence
introduced by all parties and deciding if discrimination
under the Act has occurred. If yes, the Tribunal will determine
an appropriate remedy.
4. No. The Tribunal's jurisdiction covers matters within
the legislative authority of the Parliament of Canada which
includes federal government departments and agencies, Crown
corporations, banks, airlines, and other federally regulated
employers and service providers. Provincial and territorial
human rights commissions also operate under provincial/territorial
human rights codes and jurisdictions. If you're not sure
whether your complaint is against a "federally regulated"
organization, contact your provincial
or territorial human rights commission or the Canadian
Human Rights Commission.
5. The Tribunal was created by an Act of Parliament
in 1977. The Canadian Human Rights Act states that all Canadians
have the right to equality, equal opportunity, fair treatment,
and an environment free of discrimination.
6. The Act prohibits discrimination on the following
grounds:
- race
- national or ethnic origin
- colour
- religion
- age
- sex (includes pay equity, harassment (which applies
to all grounds, not just sex), pregnancy and childbirth)
- marital status
- family status
- sexual orientation
- disability (can be mental/physical, includes disfigurement,
past or present, alcohol or drug dependence)
- conviction for which a pardon has been granted
7. The Tribunal holds public hearings to render a decision
on cases referred by the Canadian Human Rights Commission.
Based on evidence and the law, it decides if discrimination
has occurred. If the answer is yes, the Tribunal decides
how to compensate the victim and how to prevent similar
cases of discrimination in the future.
8. Before or during the hearing, one of the parties
may request the Tribunal to issue an interim ruling on a
preliminary or procedural matter not related to the merits
of the complaint. Several months after the hearing, the
Tribunal will issue its final decision as to whether the
alleged discrimination on grounds prohibited by the Canadian
Human Rights Act occurred. If the Tribunal decides that
discrimination did occur, it will also decide what the remedy
should be.
9. If one of the parties involved in the case wants
a review of the Tribunal's decision, under appropriate circumstances
the party may be able to file an application for review
with the Federal
Court of Canada.
10. The Tribunal is comprised of a full-time Chairperson
and Vice-Chairperson, as well as up to 13 full- or part-time
members, who are appointed for
terms up to five years. When a case is referred to the Tribunal,
the Chairperson assigns either one or three members to hear
the case.
11. The Registrar and his staff are responsible for
planning, organizing and directing Tribunal operations.
Its activities are entirely separate from the decision-making
process. It plans and arranges hearings and gives members
the administrative support they need to carry out their
duties, acting as liaison between the parties and the members.
12. Please contact the Public
Service Commission of Canada for job opportunities in
the Public Service.
13. Please consult the Canadian
Human Rights Commission Web site.
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