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September 20, 2002
Human rights changes loom
CJC has mixed feelings about the government's streamlining initiatives.
PAT JOHNSON REPORTER
Some human rights cases may fall through the cracks if proposed
changes to provincial legislation are approved, warns Canadian Jewish
Congress.
Nisson Goldman, a Vancouver lawyer and chair of CJC, Pacific Region,
said the intent of the changes is positive – to streamline
the human rights process and reduce delays in dealing with complaints.
But he acknowledged that the changes could carry unintended consequences.
"It's an attempt at simplification," Goldman said of the
government's proposals. But he worries that some cases will not
be addressed if the structure of the human rights apparatus is altered.
"Some people are going to fall by the wayside," he said.
Major human rights cases such as that against the late North
Shore News columnist Doug Collins would likely not be affected,
Goldman said, but smaller, lower-profile cases may dissolve due
to an added burden on the complainants. This is because the proposed
changes shift responsibility partly from an arms-length government
agency back to the original complainant.
Under the proposals, introduced in May by Attorney General Geoff
Plant, the current three-body human rights structure will be reduced
to one. At present, there is a Human Rights Commission, which assesses
complaints and guides complainants through the process; a Human
Rights Tribunal, which acts as an adjudicating body; as well as
an independent advisory council. The new proposals would see a combined
structure designed to reduce duplication and speed up the process.
CJC has concerns, however, over what this amalgamation would mean
practically. For instance, Goldman said, the proposals would eliminate
the segregation of the commission (which acts as an investigative
body in human rights cases in a manner similar to the way police
investigate criminal matters) and the tribunal (which could be compared
to a court). Goldman said the basic tenet of separating judge and
investigator would be altered under this scheme.
Additional concerns stem from the fate of the educational aspect
of the commission's work. In addition to informing complainants
about their rights and responsibilities, the commission has traditionally
taken an active role in educating the general public about discrimination
and human rights issues.
Though the attorney general specifically reassured stakeholders
of the government's dedication to this educational work, Goldman
raised the issue in a submission to Plant sent earlier this month.
In the letter, Goldman pointed out that educational aspects of the
proposals focus mostly on making the public aware of the government's
human rights services and downplays the broader role played by the
tribunal in public education about discrimination and diversity.
"CJC submits that education promoting tolerance and human rights
should receive a formal, ongoing commitment from government on a
priority basis," Goldman wrote.
The proposed changes stem from the Administrative Justice Project,
part of the provincial Liberal government's plan to review all aspects
of government services to reduce unnecessary red tape and expenses.
CJC made an earlier, comprehensive submission to the review process.
In it, CJC acknowledged that "administrative, investigative
and structural changes can be made to improve protection of human
rights."
Goldman acknowledged that the existing structure is sometimes abused.
For instance, he suspects it has been used by fired employees to
extract compensation on dismissal, a procedure that generally belongs
in the court system, not the human rights apparatus.
By closing gaps that allow such abuses, he said, the government
should be vigilant that they are not inadvertently reducing access
to the system for people with genuine grievances.
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