Role and functions of the human rights commissions in Canada

1. Describe the role of the human rights commissions in Canada, its’ purpose and its’ perceived downfalls. What important advances have been made in our understanding of rights and responsibilities as a result of the provincial and federal commissions’ judgments? Use relevant cases when answering the above question.

The Canadian Human Rights Commission (CHRC) was established by the Canadian Government in 1977 as a quasi-judicial body under Canadian Human Rights Act.Its main functions are (Kallen, 2010).

            (a) To inquire about and adjudicate on complaints relating to discrimination in employment and in providing services within the Federal Government’s jurisdiction.

(b) To ensure that equal opportunities are afforded to four specified groups by the employers regulated by the Federal Government. The four groups are women, aboriginal people, the disabled people and visible minorities. These powers are entrusted to the Commission under Employment Equity Act, and

(c) To educate employers and general public of human rights and ensure observance of these rights.

There are some pitfalls about the functioning of the Commission as discussed below(Kallen, 2010).

(a) The Commission suffers from procedural problems. It does not follow the usual rules of evidence followed by normal courts. Hearsay evidence, which cannot be verified by cross- examination, is allowed in the adjudication process by the Commission.

(b) The complainants are given free legal assistance by Human Rights Legal Support Centre while the defendants have to bear their legal expenses even after it is proved that they are not guilty of breaking the law.

(c.)The adjudicators in the Commission are usually political appointees and their adjudications are mired in controversies.

(d) The main strength of the Commission’s enforcement comes from Section13.1 of Canadian Human Rights Act, which states that any exposure of a person or a group of persons to hatred by communication of any matter over phone or internet is discriminatory. There are complaints that CHRC exerts too much power under this section.

(e) The Commission is also criticized for the unduly long time taken by it in adjudication of several numbers of cases.

There are several cases in which the CHRC delivered landmark judgments, which established rights for the specified groups. Brooks v. Canadian Safeway 1989, involving discrimination against pregnant employees is one such case, in which the Supreme Court of Canada recognized that discrimination against pregnant women is discrimination by gender. In Delvin Vriend against a Christian school, his human rights challenge paved way for establishment of rights of a gay.

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