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THE FIVE KEY PRINCIPLES OF THE CHANGE AGENDA Throughout its reform process, the Commission has been guided by five key principles which will continue to be at the forefront of our Agenda for Change. The Commission’s aim is a human rights system that: - serves the public interest;
- transforms behaviour;
- is comprehensive;
- is preventive and forward-looking; and
- is independent, impartial and ensures good governance.
I: SERVING THE PUBLIC INTEREST 1. Choosing the right tool for each case The focus of previous years on adjudication has been resource intensive, and has prevented the Commission from concentrating on its preventive roots. Although an important tool, adjudication is time consuming, adversarial, and often divisive. Many issues are better suited to voluntary compliance instruments and pro-active initiatives such as special reports to Parliament or public inquiries. This requires a system of triage within the complaints system to ensure that solutions to cases have the greatest human rights impact. Key Question:
Which of these measures would have the greatest human rights impact? Are there any others? |
2. Alternatives to complaints What change would you propose in this area?Many alternative approaches are already available to the Commission under its current legislation. These include public inquiries, special reports to Parliament, and policy studies. To strengthen its ability to use non-complaint tools, the Commission is proposing a number of legislative or regulatory changes, ranging from the authority to review Parliamentary bills for consistency with the Human Rights Act to a general human rights audit power. Key Questions:
In the changes listed in the Looking Ahead document, which ones would you prioritize? |
3. A system of triage In order to better serve the public interest, a system of triage has been proposed within the complaints system to enable the Commission to put the greatest resources into those cases which will have the greatest human rights impact. Ten factors have been identified to enable Commission staff to identify the most appropriate approach to deal with a particular case. These are outlined in the Looking Ahead document. Key Questions: How has your organization been affected by the application of the factors outlined in the attached Looking Ahead document? Which of these 10 factors do you see as priority? Are there other criteria which the Commission should consider for defining high-priority and high-impact human rights cases? |
4. Proposed legislative changes Some legislative amendments are proposed which would give the Commission greater flexibility to triage cases. These include the authority to refuse to deal with certain complaints, increased power to enter premises and compel witnesses, and enforceable time limits for various stages of case management. Key Questions: What impact would the proposed legislative changes outlined in the attached Looking Ahead document have on your operations or mandate? Are there other legislative amendments which should be considered which would further advance the Commission’s goals of efficiency and effectiveness? How will the proposed legislative amendments affect you? |
5. Reform of the Canadian Human Rights Tribunal Are there other ways by which the Tribunal could become more accessible, in addition to those identified in the attached Looking Ahead document?Cases which proceed to Tribunal are costly and time-consuming. The Commission is advocating a more effective and efficient means of conducting inquiries at Tribunal. Although the Commission sees difficulties with a direct access model, some legislative amendments could make the Tribunal more accessible. This could include greater use of non-adversarial procedures such as case streaming, expedited procedures, use of technology, as well as making legal assistance or duty counsel available. Key questions: What role should the Tribunal and the Commission play in a reformed complaints system? |
II TRANSFORMING BEHAVIOUR 1. Putting the “Human” back into Human Rights In your experience, what are the best practices which will lead to changing discriminatory behavioural patterns?Formal processes alone, such as investigations, Tribunal hearings and binding, formal remedies, will not always deliver a just, fair and timely solution to human rights problems. The Commission must find ways to work with all parties to find how to best deal with the issues that led to the discrimination, how to repair the damage done and how to ensure it does not happen again. Key Question: In your experience, what are the best practices which will lead to changing discriminatory behavioural patterns? |
2. Greater emphasis on Alternative Dispute Resolution (ADR) The Commission proposes a series of legislative amendments to strengthen its alternative dispute resolution approach. As outlined in the attached Looking Ahead document, these may include placing time limits on conciliation, encouraging employers to use ADR, and offering the option of binding arbitration. Key Questions: Have you been involved in ADR? How was your experience? How will these proposed legislative amendments affect you? Should mediation become mandatory, and if so, in what type of cases? |
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