Appendix

Appendix A: Glossary

allegations (of discrimination) 

An assertion of discrimination made by a complainant in a complaint form.

alternative arrangements

Special arrangements meant to reduce or mitigate barriers that single out and treat an individual, or group, differently and negatively because of one of the 11 grounds of discrimination.

bias

When a person who handles a complaint has, or appears to have, some reason – personal, political, business, or otherwise – to favour one party over the other.

Canadian Human Rights Act (the Act)

A federal law. The Act protects all people legally allowed to be in Canada. It prohibits discrimination by federally regulated employers and service providers.

Canadian Human Rights Commission (the Commission)

An organization that was created by the Canadian Human Rights Act. It is separate and independent from the Government of Canada and the Tribunal.

Canadian Human Rights Tribunal (the Tribunal)

An organization that was created by the Canadian Human Rights Act. It is separate and independent from the Government of Canada and the Commission.

community-based dispute resolution process

A procedure (or set of procedures) that an employer, service provider or government institution develops to deal with allegations of discrimination. If an individual raises a human rights concern, the process explains how that concern will be addressed and potentially resolved.

complainant

A person who files a discrimination complaint with the Commission.

complaint kit

The complaint kit contains the required forms and instructions for filing a complaint.

corrective measures

An order made by the Tribunal when it finds your organization has been  discriminatory. Corrective measures can include making your organization:

  • Change its rules and policies or create human rights protection policies.
  • Pay the complainant lost wages or give them their job back.
  • Take human rights awareness training.
  • Pay for the complainant’s pain and suffering and any losses caused by the discrimination.

discrimination

An action or decision that treats a person or a group differently and negatively for reasons like race, age, sex or disability. Discrimination happens when someone is denied an opportunity, benefit or advantage, such as a job, promotion, service or housing, because of their race, age, sex etc.

discrimination complaint

A discrimination complaint under the Canadian Human Rights Act.

discriminatory practice

The following are examples of discriminatory practices when they are based on one of the grounds of discrimination:

  • Denying someone goods, services, facilities or accommodation.
  • Refusing to employ or continue to employ someone or treating them unfairly in the workplace.
  • Paying men and women differently when they are doing work of the same value.
  • Following policies or practices that deprive people of employment opportunities.
  • Communicating hate messages on the telephone or through the Internet.
  • Harassing someone.
  • Retaliating against a person who has filed a discrimination complaint with the Commission, acted as a witness or represented the complainant.

duty to accommodate

The duty to accommodate is an employer or service provider’s obligation to take steps to eliminate the different and negative treatment of individuals or groups, protected under the Canadian Human Rights Act.

Federal Court

The Federal Court is Canada’s national trial court that hears and decides legal disputes arising in the federal jurisdiction. This includes claims against the Government of Canada, civil suits in federally regulated areas and challenges to the decisions of federal tribunals.

federally regulated

The Act applies to federally regulated employers and service providers. These include:

  • federal departments, agencies and Crown corporations
  • chartered banks
  • airlines
  • television and radio stations
  • interprovincial communications and telephone companies
  • interprovincial transportation companies, like buses and railways that travel between provinces
  • First Nations governments and some other First Nations organizations
  • other federally regulated industries, like some mining
    companies

grounds of discrimination

Grounds of discrimination are reasons a person may experience discrimination. There are 11 reasons or ‘grounds’ that are protected under the Canadian Human Rights Act. This means that federally regulated employers and service providers cannot discriminate against people for these reasons. The 11 grounds of discrimination protected under the Act are:

  • race
  • national or ethnic origin
  • colour
  • religion
  • age
  • sex
  • sexual orientation
  • marital status
  • family status
  • disability
  • a conviction for which a pardon has been granted

human rights officer

A Commission employee who has expertise in human rights and dispute resolution.

human rights protection policies

Policies that protect human rights. They set guidelines for respectful behaviour and explain how an organization meets their responsibility to respect human rights.

interpretive provision

The Canadian Human Rights Act includes a provision that requires the Commission, the Tribunal and the courts to consider First Nations legal traditions and customary laws when applying the Act. This rule has certain limits. The First Nations’ legal tradition or customary law must respect gender equality.

The interpretive provision states:

In relation to a complaint made under the Canadian Human Rights Act against a First Nation government, including a band council, tribal council or governing authority operating or administering programs or services under the Indian Act, this Act shall be interpreted and applied in a manner that gives due regard to First Nations legal traditions and customary laws, particularly the balancing of individual rights and collective rights and interests, to the extent that they are consistent with the principle of gender equality.

judicial review

If you or the complainant disagrees with a decision made by the Commission or by the Tribunal, you can ask the Federal Court to review the decision. This is called a judicial review.

non-derogation clause

A condition that has been included in the Canadian Human Rights Act. It means that the Act cannot take away from the Aboriginal and treaty rights granted to First Nations in the Canadian Constitution.

ombudsperson

An impartial person who investigates and attempts to resolve complaints and disputes.

public interest

A matter is in the public interest when the decision has the potential to clarify, influence, shape or define human rights law.

response

Your organization’s side of the story in a discrimination complaint.

respondent

The person or organization that a discrimination complaint is filed against.

respondent’s representative

The person designated by the respondent to be their representative and handle the discrimination complaint. This person is the main contact for the Commission and responsible for finding out the respondent’s side of the story. The representative should not be named in the complaint.

retaliate or retaliation

Threatening, intimidating or treating another person badly because that person filed a discrimination complaint.

settlement

An agreement that outlines what each party involved in a discrimination complaint agreed to do to resolve the dispute.

undue hardship

Under the Canadian Human Rights Act, an employer or service provider can claim undue hardship when adjustments to a policy, practice, by-law or building would cost too much, or create risks to health or safety. There is no precise legal definition of undue hardship or a standard formula for determining undue hardship. Each situation should be viewed as unique and assessed individually.

Appendix B:
Human Rights Readings and Resources

Commission Resources

Commission Policies

International

Appendix C:
The Repeal of section 67 of the Canadian Human Rights Act

For more than 30 years, section 67 of the Canadian Human Rights Act prevented
people from filing discrimination complaints resulting from the application of the
Indian Act. During this time, discrimination complaints could not be brought against
the Government of Canada or First Nations governments.

When section 67 was repealed, or cancelled, in 2008, the Canadian Human Rights Act
was immediately applicable to the Government of Canada. First Nations governments
were given a three-year transition period that ended June 18, 2011.

 

To make a discrimination complaint on one of the areas no longer protected by section 67, a complainant must be able to:

  • Identify how they were negatively affected by a clause of the Indian Act.
  • Explain how it relates to one of the grounds of discrimination protected by the Canadian Human Rights Act.
  • Respond to issues raised by the government of Canada, or the First Nations government that the complaint is filed against. 

 

Areas affected by the repeal of section 67

Indian and Northern Affairs Canada

  • Primary and secondary education decisions under sections 114–118 of the Indian Act.
  • Registration provisions under section 6 of the Indian Act.
  • Election provisions under sections 74–80 of the Indian Act.
  • Land allocations under section 20 of the Indian Act.
  • Wills and estates under the Indian Act and the Indian Estates Regulations.
  • Mental competency and guardianship decisions under the Indian Act.

First Nations Governments

  • Land allocations under section 20 of the Indian Act.
  • Election codes approved under the Indian Act.
  • Membership codes approved under the Indian Act.
  • Decisions based on section 81 by-laws under the Indian Act.

Appendix D:
Checklist to Prevent Discrimination and Respect Human Rights

Leadership (for example, Chief and Council)

  • I have learned about the Canadian Human Rights Act and recent changes to it.
  • I have learned about human rights (through specific training).
  • I have learned how to prevent discrimination.
  • I have considered ways to make community-based dispute resolution processes
    culturally relevant.
  • I have learned how to respond to a discrimination complaint.
  • I have appointed a manager or senior staff person to plan and oversee human
    rights issues.
  • I have identified a champion to help integrate human rights into my First Nation’s
    values and traditions.
  • I have talked to and asked for the support of Elders and other community leaders.
  • I have created a strategy to review the human rights aspects of my organization’s
    by-laws, policies, practices and physical assets.
  • I have created a human rights strategy (including policy development plans).
  • I have identified areas for human rights improvement and putting together an
    action plan to implement any changes (if applicable).
  • I have created a strategy to train people in my organization about human rights
    and preventing discrimination.
  • I have adopted human rights protection policies.
  • I have educated community members about the organization’s human rights
    strategy and policies.
  • I support people who feel that their human rights have been violated.
  • I support the development of a community-based dispute resolution process.
  • I promote a human rights culture in the workplace.
  • I treat others with equality, dignity and respect.

Checklist to Prevent Discrimination and Respect Human Rights

Managers

  • I have learned about the Canadian Human Rights Act and recent changes to it.
  • I have learned about human rights (through specific training).
  • I have learned how to prevent discrimination.
  • I have considered ways to make community-based dispute resolution processes
    culturally relevant.
  • I have learned how to file a discrimination complaint.
  • I have learned how to respond to a discrimination complaint.
  • I have encouraged my leadership to learn about the Canadian Human Rights Act, human rights and the prevention of discrimination.
  • I have encouraged my leadership to adopt a strategy to prevent human rights
    complaints.
  • I have reviewed the human rights aspects of my organization’s by-laws, policies,
    practices and physical assets.
  • I have identified areas for human rights improvement and put together an action
    plan to implement any changes (if applicable).
  • I have revised the human rights aspects of my organization’s by-laws, policies
    and practices (if applicable).
  • I have drafted human rights protection policies.
  • I have created a work plan to develop a community-based dispute resolution process.
  • I have persuaded my leadership to adopt human rights protection policies.
  • I have educated staff and community members about my organization’s human
    rights strategy and policies.
  • I support people who feel that their human rights have been violated.
  • I promote a human rights culture in the workplace.
  • I treat others with equality, dignity and respect.

Checklist to Prevent Discrimination and Respect Human Rights

Staff

  • I have learned about the Canadian Human Rights Act and recent changes to it.
  • I have learned about human rights (through specific training).
  • I have learned how to prevent discrimination.
  • I have learned about my First Nation’s human rights policies.
  • I know what the duty to accommodate means.
  • I have learned how to file a discrimination complaint.
  • I have worked with management to review the human rights aspects of my
    organization’s policies, practices, by-laws and physical assets.
  • I have worked with management to draft human rights protection policies.
  • I support people who feel that their human rights have been violated.
  • I treat others with equality, dignity and respect.

Checklist to Prevent Discrimination and Respect Human Rights

Community Members

  • I have learned about the Canadian Human Rights Act and recent changes to it.
  • I have learned about the role of the Canadian Human Rights Commission.
  • I am aware of my First Nation’s community-based dispute resolution process
    (if there is one).
  • I know how to file a discrimination complaint.
  • I provided input on the development of a community-based dispute resolution
    process in my community.
  • I provided input on human rights protection policies for my community.
  • I support people who feel that their human rights have been violated.
  • I treat others with equality, dignity and respect.

Appendix E:
Provincial and Territorial Human Rights Agencies

Appendix F:
Checklist for Responding to a Discrimination Complaint

Plan Your Response

  • A person has been chosen to prepare the response.
  • Other parties to the complaint have been identified (if applicable).
  • Other parties to the complaint have been notified (if applicable).
  • I have thought about settling the complaint.

Prepare Your Response

  • I have talked to people who have information related to the complaint.
  • I have documented all of the information related to the complaint.
  • I have considered whether there are any reasons why the Commission should
    not deal with the complaint.
  • I have looked at the complaint and determined whether there is a reasonable
    explanation for the allegation (if applicable).
  • I have looked at the complaint and determined that the discrimination was
    necessary (if applicable).
  • I have considered whether accommodating the complainant would cause
    undue hardship.
  • I have written down the explanation of how the discrimination was justified
    (if applicable).
  • I have considered if the complaint affects my First Nation’s legal traditions
    and/or customary laws.
  • I have developed an explanation about how the complaint affects my First
    Nation’s legal traditions and/or customary laws (if applicable).
  • I have considered if the complaint impacts Aboriginal or treaty rights.
  • I have developed an explanation about how the complaint impacts Aboriginal
    or treaty rights (if applicable).
  • I have briefed my leadership on the response to the complaint, options to settle
    it, and what might happen if the complaint goes to the Tribunal.