Canadian Human Rights Tribunal
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The Canadian Human Rights Tribunal (french: Tribunal canadien des droits de la personne, link=no) is an administrative tribunal established in 1977 through the ''
Canadian Human Rights Act The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
''. It is directly funded by the
Parliament of Canada The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, ...
and is independent of the
Canadian Human Rights Commission The Canadian Human Rights Commission (CHRC) was established in 1977 by the government of Canada. It is empowered under the ''Canadian Human Rights Act'' to investigate and to try to settle complaints of discrimination in employment and in the pr ...
which refers cases to it for adjudication under the act. The tribunal holds hearings to investigate complaints of discriminatory practices and may order a respondent to a complaint to cease a practice, as well as order a respondent to pay compensation to the complainant. Decisions of the Canadian Human Rights Tribunal are reviewable by Canada's Federal Court. Federal Court decisions can then be appealed to the Federal Court of Appeal and the Supreme Court of Canada. The Federal Court can also issue and enforce decisions made by the tribunal if violations continue and imprison an offender for
contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
if a decision continues to be disregarded. This has happened in the cases of
John Ross Taylor John Ross Taylor (1913 – November 6, 1994) was a Canadian fascist political activist and party leader prominent in white nationalist circles. Early life and family Born into a well-known Toronto, Ontario family, the son of lawyer Oscar Taylor ...
in 1981 and Tomasz Winnicki in 2006. Justice
Anne Mactavish Anne L. Mactavish is a Canadian jurist who is a judge of the Federal Court of Appeal. Early life and education Born in Montreal, Quebec, Canada, Mactavish was educated at Bishop's University, the University of New Brunswick, and the Universit ...
was appointed Chair of the Canadian Human Rights Tribunal in 1998. On November 9, 2003, J. Grant Sinclair succeeded Mactavish as the Chair of the Tribunal. On September 10, 2009, Shirish P. Chotalia was appointed as his successor and served to 2012. Chotalia implemented Access to Justice through customized hearing procedures focussed on restorative justice; parties reported 94 per cent satisfaction. On September 2, 2014, David L. Thomas was appointed the Chair of the Tribunal for a seven-year term. In June 2018, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
found that the tribunal's determination that the ''
Indian Act The ''Indian Act'' (, long name ''An Act to amend and consolidate the laws respecting Indians'') is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still ...
'' did not violate the
Canadian Human Rights Act The ''Canadian Human Rights Act'' (french: Loi canadienne sur les droits de la personne) is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be vi ...
was reasonable due to
judicial deference Judicial deference is the condition of a court yielding or submitting its judgment to that of another legitimate party, such as the executive branch in the case of national defense. It is most commonly found in countries, such as the United Kingd ...
.


See also

*
Shiv Chopra Shiv Darshan Lal Chopra (1933 – 7 January 2018), commonly known as Shiv Chopra, was a Canadian microbiologist and human rights activist. Chopra stood for food safety and testified before the Senate of Canada in defending the public from horm ...
*
Freedom of expression in Canada Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms, however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate spe ...
*
Human rights in Canada Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather t ...
* Section 13 of the Canadian Human Rights Act *
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt ...


References


Access to Justice for Canadians—Customized Procedures


External links



National human rights institutions Federal departments and agencies of Canada Human rights organizations based in Canada 1977 establishments in Canada Canadian tribunals Courts and tribunals established in 1977 {{Canada-gov-stub