CHRT Annual Report 2023

SECTION 1: Land acknowledgement

The Canadian Human Rights Tribunal conducts hearings and mediations across Canada on traditional territories of Indigenous Peoples. We prepared this report in Ottawa, the traditional unceded and unsurrendered land of the Algonquin Anishinabeg People.

We all have a role to play in the process of reconciliation. We invite you to learn more about the people whose traditional lands you are on.

SECTION 2: Who we are

The Canadian Human Rights Tribunal (the “Tribunal”) is an administrative tribunal. We work hard to be less formal than a court. We are independent and work at arm’s length from the federal government. This means that no Minister or other government official can tell us how to decide our cases. We are accountable to Canadians and report on our activity to Parliament through the Minister of Justice.

Under the Canadian Human Rights Act (CHRA), the Tribunal hears cases of discrimination involving federally regulated organizations like the military, airlines, interprovincial trucking, banks and the federal public service. Tribunal members are decision-makers. They hear complaints of discrimination that have been referred to the Tribunal by the Canadian Human Rights Commission (the “Commission”). Tribunal members review submissions and evidence, listen to witnesses at hearings and, in the end, decide whether discrimination has occurred. If the Tribunal member determines that discrimination occurred, they can rule on remedies. Parties can decide to settle their complaints through mediation or proceed to a hearing.

The Tribunal also has two other mandates. The first is under the Pay Equity Act (PEA), which requires employers to take a proactive approach to giving men and women equal pay for doing work of equal value. We have two roles under the PEA:

• the Pay Equity Commissioner can refer an important question of law or a question of jurisdiction to the Tribunal to determine; and
• an employer, bargaining agent (e.g., union) or other affected person may appeal some of the Pay Equity Commissioner’s decisions or orders to the Tribunal.

We are also preparing to make decisions under the Accessible Canada Act (ACA), which aims to ensure that everyone in Canada can fully participate in society by requiring federal organizations to proactively identify, remove and prevent barriers to accessibility for persons with disabilities. Our role under the ACA is to decide appeals of certain decisions made by the Accessibility Commissioner.

As of December 31, 2023, the Tribunal consists of a Chairperson, a Vice-Chairperson and two full-time members. Seven part-time members work from various places across the country.

SECTION 3: Message from the Chairperson

On behalf of the Tribunal, I am pleased to present our 2023 Annual Report.

The Tribunal has a mandate that is large in scope, but it is a small organization. It has four full-time members and seven part-time members who work from various places across Canada. There are 24 full-time staff dedicated to the Tribunal and four others who support other tribunals as well. The Tribunal faces many of the same challenges that courts and other tribunals face—trying to balance limited resources with the demands of a complex and challenging case load while delivering timely, quality service to Canadians. But the reality is that all public institutions must be mindful of resource constraints and fiscal responsibility. Not all changes that can improve how we deliver service require additional resources.

Therefore, as Chairperson of the Tribunal, I am focusing on what we can do to mitigate those challenges while improving the quality of service using the resources we do have.

In my second year in this role, I am pleased to report a few highlights from 2023:

• We reduced our active case load from 425 to 274, a 42% decrease.
• We resolved over 100 cases.
• We had a 374% increase in hearing days or a fivefold increase in hearing days held.
• We engaged a roster of external mediators, whose efforts freed up 60 days for our members to focus on case management and hearings.
• We mediated 84 cases and settled 46% of them in full. In others we worked to pave the way for a more simplified case management process. 78% of complaints that settled between parties had a Tribunal-led mediation session during the life of the complaint.
• We initiated Chairperson-led early case management conference calls in files with self-represented parties to help them navigate the process and better understand their procedural rights and obligations.
• We created a Chairperson Roundtable composed of a cross-section of party representatives to get their feedback on how we deliver service.
• We launched a speaker series for adjudicators on diversity, equity, inclusion and accessible hearings.
• We delivered ongoing professional development to members to enhance the quality of our decisions and adjudication skills.

“Canadians seeking resolution of their case at the Tribunal are entitled to receive timely, fair, accessible and knowledgeable service. This depends on a number of things. First, the Tribunal must be equipped with experienced and skilled adjudicators. Second, the Tribunal must be adequately supported so that it can execute its mandate. This includes having the means to accommodate the needs of the parties it serves and to ensure its hearing processes do not create barriers for litigants.”

Despite these efforts, delay remains a problem. At the end of 2023, roughly a quarter of our active caseload of complaints was waiting to be assigned to an adjudicator. This means that cases cannot move forward in our process because no member is available to case manage and hear them. This delay will worsen as the Canadian Human Rights Commission increases its case referrals in 2024. In December 2023, parties were waiting an average of 200 days to have a file assigned to an adjudicator for a hearing. This impacts the parties at all stages of our process. Delay will also continue to have a significant impact on our productivity and ability to respond effectively to urgent issues that can arise in a case.

Canadians seeking resolution of their case at the Tribunal are entitled to receive timely, fair, accessible and knowledgeable service. This depends on a number of things. First, the Tribunal must be equipped with experienced and skilled adjudicators. Second, the Tribunal must be adequately supported so that it can execute its mandate. This includes having the means to accommodate the needs of the parties it serves and to ensure its hearing processes do not create barriers for litigants.

In April, I had the honour of appearing before the Standing Senate Committee on Indigenous Peoples. I addressed the fact that the Tribunal will need support and resources to better serve Indigenous parties. That includes developing an Indigenous-led strategy to help litigants navigate the process, including providing Indigenous-specific public education materials and resources. This need will only grow as the number of complex Tribunal cases involving Indigenous Peoples increases.

But significant shifts will not happen within the current structure given the pressures placed on staff and members alike. I look forward to working with the Administrative Tribunals Support Service of Canada so that the Tribunal can deliver on its mandate and provide fair and timely recourse to all Canadians.

Jennifer Khurana
Chairperson
Canadian Human Rights Tribunal

SECTION 4: 2023 in numbers

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