Reports

Questions and Answers

Q.1 What is the main story in this annual report?

• The main story this year is that the Commission has continued to improve its processes.

• Thanks to the improvements made, the Commission:

  • is no longer hampered by a chronic backlog;
  • can put new emphasis on discrimination prevention activities;
  • is undertaking strategic research to address systemic issues outside the complaint process.

• The Commission’s active caseload declined from 1,287 cases in 2002 to 720 cases by the end of February 2006: a 44% reduction.

• The average age of the Commission’ s active caseload has been reduced from 25 months in 2002 to 12 months in 2004 and 9.5 months at the end of February 2006. This is a 62% reduction.

• The number of cases two years or older has been reduced by 86%, from 27% of the Commission’s caseload in 2002 to 7% by the end of February 2006.

• Cases under one year now represent 69% of the Commission’s caseload, compared to 50% in 2002. The Commission is working toward a service standard of 85% of cases resolved within one year’s time.

• The 1,291 final decisions rendered by the Commission in 2005 represent a 77% increase in productivity over 2002.

• A relatively steady trend in the number of complaints settled through mediation and conciliation: 46% in 2003, 41% in 2004 and 41% in 2005.

• From 1997 to 2005, 284 employers, representing 76% of the workforce covered by the Employment Equity Act, have been audited.

Q.3 What changes has the Commission made this year?

• The Commission has completed a major restructuring, which includes the following new features:

  • A Dispute Resolution Branch
  • A Discrimination Prevention Branch
  • A Knowledge Centre
  • A Strategic Initiatives Branch

• The new Dispute Resolution Branch offers a coordinated approach to resolving complaints in the most efficient way possible. All the mechanisms for resolving or processing complaints are contained within one Branch. This includes a new Preliminary Assessment procedure that takes place at the earliest stages of the complaint process to identify the best way to resolve the parties’ concerns. It also includes a range of alternative dispute resolution processes at every stage of a complaint, including new initiatives such as preventive mediation.

• There is already preliminary evidence that the Commission is receiving fewer complaints from those organizations which are proactively engaged in prevention.

• The discrimination prevention program is now firmly established and growing as more and more employers make prevention an important part of their human rights strategy.

• The Knowledge Centre was recently established in response to the Commission’s legislated mandate to encourage the advancement of human rights and to carry out research and studies.

• The Knowledge Centre has started defining a framework to guide its research activities and to establish priorities for 2006. Developments will be posted on the Commission’s website.

• The objective of strategic initiatives is to look into systemic issues that have an impact on a group of people or on the overall human rights system and to propose action.

• A unique feature of the Proactive Initiatives program is that the approaches are chosen according to the issues and their complexity.

• Research, study and dialogue are the tools of the strategic initiatives. It may be a special study or inquiry on a particular matter or a round of public consultations.

• Another feature of strategic initiatives is that a complaint is not necessary to initiate action.

• The age of complaints, the number of cases for which a decision was made or the number of cases referred to alternative redress mechanisms, are some of the indicators used by the Commission to measure its efficiency.

• The impact of the Commission’s work on issues that are of public interest, such as hate on the Internet and barrier removal for persons with disabilities, are also good indicators of the Commission’s performance.

• In employment equity, the information and guidance provided to employers on their obligations under the legislation and the impact of this work on the results of compliance audits, are other indicators helping the Commission in assessing its performance.

• As for prevention, the demand for memoranda of understanding by various organizations is a good indicator of its success. So far, eight memoranda have been signed and more are in preparation.

• As in past years, the greatest number of complaints of discrimination came from persons with disabilities–fully 50% of all signed complaints in 2005.

• The Commission will continue to explore new ways to improve its complaint management system and make the best use of its resources to encourage the fullest possible application of human rights principles in all areas of federal jurisdiction.

• It is also undertaking a review of its employment equity audit processes which will result in audits taking less time in the future.

• The Commission has been undertaking a review of its employment equity audit processes. It has implemented streamlined procedures and this work, which is expected to conclude in 2006, will result in audits taking less time in the future. In keeping with management reforms across the Commission, there is a renewed emphasis on accountability regarding the Employment Equity Program.