Legislation and Policies

Looking Ahead

EXCERPT FROM CHRC ANNUAL REPORT 2003

LOOKING AHEAD

Results from the Commission’s recent innovations are very encouraging. But there is much to do.

So far, the reform process has been internal.  The Commission has acted to improve service in areas under its control.

But there are broader needs that must still be met. Some of these were raised in recent reports on the Commission¹. A number of these reports call for legislative and regulatory changes beyond the Commission’s existing powers.

In the Commission’s view, these changes need not be major. The Canadian Human Rights Act and related legislation have been effective in guiding the human rights system. The Act is very comprehensive, substantial and continues to be innovative. However, over the last 25 years, all of its provisions and possibilities have not been given full expression and voice. The Commission’s renewal process focuses on the premise that Parliament intended the Act to be comprehensively applied. Yet there are aspects of the Act that can be updated to further its original intent.

With that in mind, the Commission is proposing its perspective on the adjustments needed to make the human rights system even more effective in the 21st century. These are outlined in the following section.

A NEW HUMAN RIGHTS LANDSCAPE

Over the past year, the Canadian Human Rights Commission has been engaged in a process of reform-overhauling the complaints system, working hard to reduce the backlog of cases and putting in place a new system to address broad human rights issues. Many of these changes were described earlier in this report.

It is important to step back and look at the principles and values guiding the new approach to human rights management at the Commission. A recent public study determined that Canadians are deeply committed to human rights and equality. It also found that any reform of social policy had to be based on these values².

FIVE GUIDING PRINCIPLES FOR CHANGE

Throughout its reform process, the Commission has been guided by the following five principles. 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.

The Commission has begun a change process that will take more time and involve parliamentarians, non-governmental stakeholders and other actors in the federal human rights system, before it is fully defined and implemented.

Three important points to note:

• while some of these five principles can be met within the current legislation, others will require changes to the Canadian Human Rights Act. Some preliminary thinking on possible amendments to the Act is offered below for consideration;
• all principles can be met in part through the Commission’s own processes, but they cannot be met fully unless other parts of the federal human rights system, namely the Canadian Human Rights Tribunal and federally regulated employers and service providers also change; and
• the Commission’s new directions for human rights aim at meeting many of the same objectives of the 2000 report of the Federal Review Panel, Promoting Equality: A New Vision, albeit through different means.

¹ Among these reports are the Auditor General Report in 1998, the 2000 Canadian Human Rights Act Review Panel and reports of House of Commons and Senate Standing Committees on Human Rights, Status of Persons with Disabilities and Public Accounts.

² "The resolution of conflicts in the rebuilding of social policy-what is desirable versus what is affordable and manageable-must be based on values.", Citizens' Dialogue on Canada's Future: A 21st Century Social Contract", April 2003, page 6.

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