Lesson: 65

Topic: The Canadian Human Rights Commission

Objectives:

During this class students will examine the role of the Canadian Human Rights Commission in enforcing the Canadian Human Rights Act. The Students will come to understand each of the following phases of the complaint process:

• The Commission considers if it is the right agency to handle the complaint.
• An investigation begins.
• The Commission makes a decision to appoint a conciliator or dismiss the case.
• The conciliator attempts to settle the case. If this fails, it will be sent to the Canadian Human Rights Tribunal.
• The Canadian Human Rights Tribunal reviews the complaint and makes a decision.

Finally, section 52, subsections 2, 3, and 4 of the Canadian Human Rights Act will be analyzed in order to understand the various remedies that can be made at the conclusion of a Human Rights Inquiry.

Method of Instruction and Evaluation:

After a Socratic lecture on the above topics, the class will break into groups in an effort to examine the following case: British Columbia Public Service Employee Relations Commission v. BCGSEU, [1999] 3 S.C.R. 3.

See also:

• Putting Out Another Fire: Fighting Unintentional Discrimination
• Supreme Court orders female firefighter rehired
  
• "Not reasonably necessary": aerobic fitness test held discriminatory in B.C. woman firefighter victory
  

After each group examines this case, students will answer the following questions associated with their specific case:

• What is the area involved?
• What are the grounds involved?
• What are the facts of the case?
• What is at issue in the case? (i.e. What is the question that needed to be answered by the Supreme Court of Canada?)
• How did this case come to be heard in the Supreme Court of Canada?
• What was the decision in the case?
• What is the ratio dicidendi in the case?

Groups will then debate the decision and the ratio dicidendi of the case.

Expectations Addressed:

The "Rights and Freedoms" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Human Rights in Canada:

  • explain the evolution of Canadian human rights legislation from English common law to the Canadian Bill of Rights and then the Canadian Charter of Rights and Freedoms;

  • evaluate the protections provided by federal and provincial human rights legislation (e.g., Canadian Human Rights Act, Ontario Human Rights Code);

  • identify historical and contemporary barriers to the equal enjoyment of human rights faced by individuals and groups in Canada, and analyse their effects.

• Canadian Constitutional Law:

  • distinguish between the law-making powers of the federal, provincial, and municipal governments;

  • explain what a constitution is and why it is necessary;

  • explain the role of the courts in determining law-making jurisdiction;

  • explain the significance of key events in Canadian constitutional history (e.g., the British North America Act, 1867; the Statute of Westminster, 1931; the Constitution Act, 1982; the Meech Lake Accord, 1987; the Charlottetown Accord, 1992).

• The Canadian Charter of Rights and Freedoms:

  • explain what is meant by entrenching rights in a written constitution;

  • analyse how rights and freedoms are protected under the Charter of Rights and Freedoms (e.g., fundamental freedoms; democratic, mobility, legal, equality, and language rights);

  • explain how rights included in the Charter are accompanied by corresponding responsibilities or obligations;

  • explain how citizens can exercise their rights under the Charter (e.g., by initiating Charter challenges in the courts to legislation or government action; by raising the Charter as a defence when charged with an offence).

• The Legislature and the Judiciary:

  • explain how rights may be limited or overruled according to the Charter (e.g., section 1, section 33);

  • evaluate the role of the courts and tribunals and, in particular, the Supreme Court of Canada, in interpreting Charter rights;

  • describe how Charter rights are enforced.

• Minority and Majority Rights:

  • identify historical and contemporary examples of conflicts between minority and majority rights (e.g., Riel Rebellion, the Quebec sovereignty debate, First Nation land claims);

  • explain why it is difficult but essential to balance majority and minority rights in a democracy;

  • evaluate the political and legal avenues available for resolving conflicts (e.g., the courts, tribunals, legislation, referendums).

Resources:

Text Reference:
• Chapter #4, pages 86 - 88, and 93 - 95 (required reading)

• Chapter #4, pages 88 - 93 (suggested reading)

• Chapter #5, pages 102 - 114 (required reading)

Handouts:
• CHRC Power Point
• The Scope of Canadian Human Rights Legislation

Relevant web sites:

• Canadian Human Rights Commission
• Canadian Human Rights Tribunal
• Canadian Human Rights Act