Administering Human Rights Legislation

1. Administering Human Rights Legislation

2. Human Rights Commissions • Each province has an appointed commission to administer and enforce human rights codes Example: Nova Scotia Human Rights Commission • Most disputes are settled by commission; only 4 percent go to a tribunal

3. Filing a Complaint Complainant: • The person making an allegation of discrimination, such as employment discrimination • It is up to the complainant to prove his or her case • A description of events must be provided by the complainant Steps: • To file a complaint follow the procedures outlined in the provincial human rights code • A lawyer is not needed to file a complaint • Given a package of information that guides you in filing your complaint and how to fill out your complaint form

4. Filing a Complaint Prima Facie • Legally convincing unless disproved by contrary evidence Gravaman • The most serious part of an accusation Proving Prima Facie (using employment discrimination as an example) • You were qualified for the particular employment • You were not hired • Someone no better qualified was given the position who lacked the feature that represents the gravaman (significant part) of the complaint (race, colour, age, etc)

5. Dismissing a Complaint Respondent • The person or organization that the complainant alleges committed discrimination • If determined there is a case the respondent will be asked to formally respond to the allegations A complaint could be dismissed for a variety of reasons: • There could be legislation in place in the province of the complaint that better deals with the issue • Complaint was trivial, frivolous, made to cause annoyance, or made in bad faith • Not filed in an appropriate amount of time

6. Role of the Commission Mediation • An intervention between conflicting parties that promotes compromise or settlement of the dispute prior to or in place of a formal investigation that is assisted by an officer from the Human Rights Commission • If mediation is refused or a settlement cannot be reached a formal investigation occurs • A formal investigation involves gathering evidence • Inspecting documents, records, and correspondence between the parties • Examining facilities • Interviewing witnesses • After the investigation a report to the Commission is written that details the result of the investigation

7. Role of the Commission Conciliation • Bringing the parties to a resolution of their differences using independent meetings with all parties involved • Conciliator meets with parties individually in an attempt to resolve differences • If no resolution is possible, the case is referred to the commissioners of the human rights commission • Commissioners will either dismiss the case or go to tribunal, which is like a trial • Evidence is presented and witnesses testify under oath and are cross examined; lawyers are now used • The decision can be appealed and sent for judicial review

8. Remedies • A number of remedies are used when it is proven discrimination has occurred • An attempt is made to put the complainant in the same position they would have been in if the discrimination had not occurred • Depends on circumstances of the case Possible Remedies • An order to the offender to stop the practice • Issue letter of apology • Restitution for mental anguish and losses suffered • Employment reinstated or promotion granted • Develop program to relieve or assist disadvantaged to achieve equal opportunity in the organization • Provide human rights and anti-discrimination training for all employees • Develop policies to eliminate discrimination and harassment

9. Human Rights Complaint Process