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SECTION I – OVERVIEW

Chief Commissioner's Message

The Commission is responsible for the administration of the Canadian Human Rights Act and ensures compliance with the Employment Equity Act. There are two key elements of the Commission’s mandate. The first is an effective recourse system, which includes mediation, screening of formal complaints and representation of the public interest in important cases. The second is the promotion of equal opportunity by fostering public understanding and awareness, so that human rights are integrated into daily practice.

During recent years, the Commission has worked successfully to modernize its dispute resolution process. It can now turn its attention to higher impact initiatives that address human rights protection and promotion more strategically and systemically.

The Commission is doing this by strengthening its knowledge base and integrating outreach into all aspects of its work. Our partnerships with stakeholders help us develop innovative discrimination prevention tools and initiatives. We guide and support employers as they work to foster, sustain and integrate human rights into their workplaces.

During this reporting period, the Commission appeared before the Senate Standing Committee on Human Rights in support of the Committee’s study of the effectiveness of the Employment Equity Act. We appeared again to make our case for the repeal of section 67 to extend human rights protection to First Nations peoples. In June 2008, we launched a comprehensive review of freedom of expression and freedom from hate in the Internet age leading to a Special Report to Parliament.

The Commission continued to inform public debate and understanding of current human rights issues. We participated in a number of high-impact cases before the Canadian Human Rights Tribunal and Federal Court that will advance human rights jurisprudence on significant issues such as mandatory retirement and the accommodation of persons with disabilities in transportation and employment.

The Commission published research on a number of topical subjects. One research report, undertaken for the first time with a partner organization, explored the relationship between national security and human rights. Another offered an analysis of social condition as a ground of discrimination in jurisdictions across Canada. The Commission completed its policy on mental health in the workplace and made it available to other organizations as a model.

In its second year as Chair of the International Coordinating Committee of National Human Rights Institutions, the Commission led the creation of the legal and governance framework of the organization. We also contributed to strengthening the human rights system in the Americas, through our work within the Organization of American States.

The Commission sets high standards of performance and accountability. We continue to improve our Management Accountability Framework, and successfully completed our first Integrated Business and Human Resources Plan. The Commission has achieved a result of 100 percent for the timeliness and quality of its year-end submission of financial information for the Public Accounts.

We have an exceptional workforce. It is a privilege to lead people so dedicated to the principles of fairness, respect, dignity and understanding. Their professionalism, expertise and commitment to public service are the foundation for all that we accomplish. Together, we are making a positive difference in the lives of Canadians.

 

Jennifer Lynch, Q.C.
Chief Commissioner

 

COMMISSION OVERVIEW

1.1 Summary Information

Raison d’être

The Canadian Human Rights Commission’s founding legislation inspires a vision for Canada in which “all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish to have,” free from discrimination.

The Commission works with employers, service providers, individuals, unions, public and private sector organizations, and provincial and territorial human rights bodies to foster understanding and commitment to achieving a society where human rights are respected in everyday practices.

The Commission is working within a new service delivery model that provides discrimination prevention initiatives; modern dispute resolution approaches; and regulatory, policy and knowledge development. Internationally, the Commission’s strong leadership role includes chairing the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, within the United Nations.

Responsibilities

The Commission is responsible for two statutes: the Canadian Human Rights Act (CHRA) and the Employment Equity Act (EEA). Under the CHRA, the Commission promotes equality of opportunity and protects individuals and groups from discrimination in employment and in the provision of services. We do this by receiving and processing complaints, developing and conducting information programs that foster public understanding of the Act and its vision, undertaking research, liaising with similar provincial and territorial bodies, reviewing parliamentary statutes and instruments, and submitting annual and special reports to Parliament. The Commission audits federally regulated employers under the EEA to ensure that they are providing equal opportunities for employment for women, Aboriginal peoples, persons with disabilities, and members of visible minorities.

A key part of the Commission’s mandate is to engage in promotion and prevention activities that will foster public understanding of the role and activities of the Commission and of its core principle: equality of opportunity.

 

Strategic Outcome and Program Activity Architecture

 

1.2 Performance Summary

2008-09 Financial Resources ($ thousands)

Planned Spending	Total Authorities	Actual Spending
$21,193	$22,887	$22,369

2008-09 Human Resources (FTEs)

Planned	Actual	Difference
190	183	7

 

Strategic Outcome 1: Equality, respect for human rights and protection from discrimination by fostering understanding of, and compliance with, the Canadian Human Rights Act and the Employment Equity Act by federally regulated employers and service providers, as well as the public whom they serve.

Performance Indicators	Targets	2008-09 Performance
The percentage of public service employees who indicated they were not a victim of discrimination on the job	84 percent by 2011	The Commission will continue to work with the public service to achieve the targeted reduction in discriminatory behaviours by providing employers with a way of assessing the state of their human rights culture and tracking their progress.

 

($ thousands)

Program Activity	2007-08 Actual Spending	2008-09				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending1	Total Authorities2	Actual Spending
Human Rights Knowledge Development and Dissemination Program	6,190	3,631	4,026	4,041	4,375	A diverse society that promotes linguistic duality and social inclusion
Discrimination Prevention Program	5,347	6,234	6,424	6,918	6,516	A diverse society that promotes linguistic duality and social inclusion
Human Rights Dispute Resolution Program	10,456	10,743	10,743	11,928	11,478	A diverse society that promotes linguistic duality and social inclusion
Total	21,993	20,608	21,193	22,887	22,369

¹ As indicated in the 2008–09 Report on Plans and Priorities, the Planned Spending included an amount of $585,000 for the funding related to the repeal of section 67 of the Canadian Human Rights Act. This funding was not received in 2008–09, but was received in 2009–10 and also for future years.

² The 2008–09 Total Authorities represent an increase of approximately $2.3 million or 11 percent over the 2008–09 Main Estimates of $20.6 million. This difference represents funding received through the Supplementary Estimates for 2007–08 operating budget carry-forward, pay list requirements not forecasted and the salary increases resulting from the signed collective bargaining agreements.

 

Contribution of Priorities to Strategic Outcomes

Operational Priorities	Type	Status	Links to Strategic Outcome(s)
Enhancing the Commission’s impact on human rights issues domestically and internationally through strengthened outreach activities	Ongoing	Successfully Met — Outreach was integrated into all aspects of the Commission’s work. Highlights were: A Stakeholder Engagement Framework was developed to achieve a maximum impact with modest resources. One of 15 thematic areas in the Framework was the 60th anniversary of the United Nations Universal Declaration of Human Rights (UDHR). Activities were held to celebrate this event and to help Canadians see the link between the UDHR and the Commission’s work. The ‘employer challenge’ was a high- impact activity that exceeded the anticipated response. (http://www.chrc-ccdp.ca/whats_new/default-en.asp?id=528&content_type=2) The fourth annual Discrimination Prevention Forum was held with key stakeholders from government and non-government organizations. A joint policy position between the Canadian Human Rights Commission and the Canadian Race Relations Foundation was developed and published on the importance of law enforcement and security agencies collecting data to ensure that human rights are protected while safeguarding security. The Commission played a leading role in preparing Canada’s submission to the United Nations on the state of its human rights, referred to as Universal Periodic Review. It consulted with all provincial and territorial human rights commissions in Canada, as well as more than 60 non-governmental organizations (NGOs). Commission representatives presented at key events and provided insight and perspective on current and emerging human rights issues. The Commission participated in precedent-setting human rights cases that contributed to the advancement of human rights law, which increases protection for all Canadians and affirms the fundamental value of supporting diversity. In its second year as Chair of the International Coordinating Committee of National Human Rights Institutions (ICC), the Commission led the development of a new legal and governance framework for the ICC. It also spearheaded the adoption of a resolution that formalizes the participation of national human rights institutions within the Organization of American States.	The strategic focus of the 2008–09 outreach activity engaged key stakeholders, including major groups and Parliamentarians. This work contributed to advancing the Commission’s strategic outcome (as evidenced by the number of visits to the Commission’s website and requests for publications. Details are in Section II of this report). With the recent public debate on balancing freedom of expression and protecting Canadians from hate on the Internet, the Commission has learned that it needs to better inform the public about its work and processes.

Management Priorities	Type	Status	Links to Strategic Outcome(s)
Enhancing the Commission’s Management Accountability Framework (MAF) to sustain management excellence	Ongoing	Successfully Met — In 2008–09, the Commission developed and implemented an action plan to enhance its MAF. Highlights included: demonstrated commitment to, and leadership in, achieving the highest standards of human rights practice in Commission programs and procedures by: 1) delivering leading-edge disability awareness training to approximately 75 percent of Commission employees, and 2) developing a Policy and a Procedural Guideline on the accommodation of mental illness in the workplace; developed a Corporate Risk Profile and identified and implemented risk mitigation strategies; surveyed clients receiving mediation services on their satisfaction with the process; used program performance indicators throughout the Commission; conducted preliminary work on developing client feedback mechanisms for the Commission’s other dispute resolution services; and advanced the Commission’s Values and Ethics Program.	The Commission recognizes the role that a framework of solid management practices has in enabling the organization to achieve progress toward its strategic outcome. The Commission is committed to continuously improving its corporate management practices. This has resulted in the Commission’s ability to have the right tools and processes in place to identify and mitigate risks, measure program impact, and assess client satisfaction.

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Risk Analysis

Organizational Context

The Commission is currently composed of two full-time members (Chief Commissioner and Deputy Chief Commissioner) and four part-time members (Commissioners) appointed by the Governor in Council. Full-time members are appointed for terms of up to seven years and part-time members for terms of up to three years. Commissioners meet regularly throughout the year to discuss the work of the Commission and to review and render decisions on human rights complaints.

The Chief Commissioner is responsible for the operations and direction of the Commission, and is supported by the Secretary General and 183 FTEs as of March 31, 2009. The Commission does not fund external organizations as it does not assign grants or contributions nor operate any other transfer programs.

In recent years, free from a previous chronic case backlog, the Commission has placed more emphasis on creating and implementing initiatives to support systemic changes, such as developing tools that employers can use to create a more equitable and respectful workplace.

Risk Management

With current funding levels, the Commission can only partially carry out what is envisioned under the CHRA and the EEA. The Commission is re-examining its service delivery model by undertaking an internal strategic alignment exercise so that the organization can maximize the use of its limited resources.

In the 2008–09 Report on Plans and Priorities, the Commission identified key risks and challenges associated with moving forward on priorities within budget. Chief among these were the risks associated with the anticipated repeal of section 67 of the CHRA. However, the legislation repealing section 67, introduced in June 2008, included a three-year transition period during which complaints cannot be filed against First Nations governments. This means that the full impact of this amendment to the Act will not be felt until 2011, when the transition period ends. At that time, the Commission anticipates a significant increase in its complaint caseload.

The challenges related to having inadequate capacity to meet stakeholder expectations were mitigated by leveraging external resources and using discrimination prevention approaches such as “Train the Trainer.” This initiative consists of certifying employees within federally regulated organizations to deliver human rights training. In 2008–09, the Commission built on its partnership of employers and with Human Resources and Skills Development Canada (HRSDC) to significantly increase the number of people qualified to deliver human rights training.

The risk related to the Commission’s ability to retain its skilled and specialized staff in a competitive environment did not materialize. The Commission’s turnover rate has been significantly reduced from 26 percent in 2006–07 to 13 percent in 2008–09.

Expenditure Profile

 

During the last five years, fluctuations in the Commission’s actual spending were mainly due to temporary funding received for the following reasons:

• to participate in the hearings of three major pay equity complaints before the Canadian Human Rights Tribunal (this funding sunsetted in March 2006);
• to provide resources for the reduction of the complaints backlog, including those related to pay equity (this funding sunsetted in March 2006);
• to fund the development of a new case management system and employment equity audit tracking system (this funding sunsetted in March 2008);
• to support the Commission’s Legal Services Division with regard to program integrity pressures (permanent funding); and
• to fund salary increases resulting from collective bargaining agreements and executive salary increases (permanent funding).

Voted and Statutory Items
($ thousands)

Vote # or Statutory Item (S)	Truncated Vote or Statutory Wording	2006-07 Actual Spending	2007-08 Actual Spending	2008-09 Main Estimates	2008-09 Actual Spending
10	Program expenditures	18,788	19,706	18,387	19,963
(S)	Contributions to employee benefit plans	2,341	2,287	2,221	2,406
Total		21,129	21,993	20,608	22,369

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