Thank you, Mr. Speaker.
Accessibility
Presenters were greatly concerned about the accessibility of the complaint process. Adequate funding of the Human Rights Commission is seen as one of the primary ways to address issues of accessibility. Many presenters encouraged the committee to make recommendations that the Human Rights Commission receive adequate funding to carry out its education and investigation functions.
In addition to requests for adequate funding, presenters consistently requested that the government create mechanisms to promote and enhance access to the protections provided in the Human Rights Act. The presenters identified three primary ways to increase access to the complaint process. The first method requires the Legislature to create an arms-length advocate position to assist parties with their complaints. The second suggested method is to provide legal funding, including the funding of appeals, to parties of a complaint. The third method is to empower the Human Rights Commission to pay for travel costs of complainants.
Arm's-Length Independent Advocate
Almost all presenters that came before the committee asked the Legislature to create an arms-length independent advocate position to assist parties through the complaint process. The committee heard that the advocate would assist the parties to fill out the required forms, to gather the necessary evidence and support, and to prepare his or her case. Independence from the Human Rights Commission is considered a key aspect of this position. Many suggested creating a position similar to that of the "Workers' Advisor" of the Workers' Compensation Board.
Legal Counsel
A related proposal suggested to increase accessibility to the protections in the act is the provision of legal services, particularly to complainants. A number of presenters requested that the Human Rights Commission provide both an independent advocate and legal counsel for complainants. Presenters viewed independent legal advice as a key component in addressing issues of access. They argued that, without assistance, the complexity of the complaint process would discourage people from coming forward to make a complaint.
Several presenters thought that legal counsel should be provided at every stage of the process. Others thought that it should be provided at the adjudication and appeal stages of the process. For instance, the committee heard several recommendations that the Commission should pay for appeals made to the Supreme Court of the Northwest Territories.
Travel Expenses
Many presenters recommended that the Human Rights Commission absorb the travel costs of complainants. The committee heard that paying travel costs of complainants is necessary to ensure that the human rights complaints process is accessible to residents of smaller communities. Supporters of this recommendation felt that people would be less likely to pursue complaints because of a lack of resources. In their view, travel funding would greatly promote access to the adjudication process.
The committee agrees that having an accessible human rights regime is fundamental to the promotion and protection of human rights in the Northwest Territories. To that end, we suggest that the Legislative Assembly adopt measures that best promote access to the remedies provided under the Human Rights Act.
It is difficult to determine what kinds of resources the Commission will require to carry out its functions. To avoid overburdening the Commission at this time, the committee is seeking to make recommendations that promote the objects of the act, while recognizing the enormity of the task before the Commission.
The committee encourages the Legislative Assembly to provide adequate resources to the Human Rights Commission to ensure that it can carry out its functions. The Human Rights Commission will play a significant role in educating the public about human rights issues, and having sufficient resources is essential to enable the Commission to fulfill this role. We wish to avoid the problems caused by inadequate funding experienced by human rights bodies elsewhere in Canada.
In order to promote accessibility, the committee is recommending that clause 22(2) be amended to allow the Commission to appoint employees to advocate for or assist a party to pursue their remedies under the act. This enables the Human Rights Commission to respond to the needs of a party as required.
The committee questioned several presenters about the possibility of providing legal aid to parties to a complaint as opposed to providing legal counsel in every case. There was general support for this suggestion. For that reason, we encourage the Government of the Northwest Territories to consider extending legal aid coverage to include human rights complaints.
The committee does not believe that an amendment to cover the costs of travel is necessary at this time.
Recommendations
The Standing Committee on Social Programs recommends that clause 22(2) be amended to provide the Human Rights Commission with the authority to appoint an advocate to assist a party to a complaint on an as-needed basis.
The Standing Committee on Social Programs recommends that the government consider the possibility of amending the Legal Services Act to allow for the funding of human rights complaints for parties who qualify under the legal aid plan.
Adjudication
The committee considered whether any changes are necessary to the appointment process and the powers of the adjudication panel.
The committee was asked to consider expanding the remedial powers of the adjudicator under clause 62(3) to allow for an adjudicator to order reinstatement, payment of disbursements and costs. Adding exemplary damages to address situations where the respondent has acted "contemptuously of the complainant's rights" was also suggested.
Other presenters were concerned that only lawyers could be adjudicators. They requested that the requirement that an adjudicator be a member of a law society be removed from clause 48(3)(a).
Several presenters expressed concern over the possibility that complainants may be ordered to pay costs under clause 63. They are concerned that some complainants will be unduly penalized because they lack the resources to advance their claims. They suggested that cost awards only be made available against the respondent.
The committee agrees that the act would benefit from providing the adjudication panel with additional powers to order things like reinstatement and exemplary damages. Exemplary damages are available in Canada, Saskatchewan, New Brunswick, Yukon and Manitoba. Ontario allows for damages for "mental anguish". The committee believes that it would be useful to place a cap of $10,000 on the amount of exemplary damages available under the act.
The committee heard about the complexity of the adjudication process. In light of this, the committee also believes that it would be useful to provide the chair of the adjudication panel with sufficient flexibility to appoint more than one adjudicator to sit on more complex matters. The committee believes that almost all complaints should be heard by one adjudicator. However, we do foresee some situations where it would be necessary to appoint more than one panel member to sit on a case.
With respect to the qualifications of the adjudication panel members, it is evident that the legislation provides the Legislative Assembly with the option of choosing non-lawyers to sit as adjudicators. Clauses 48(3)(a) and (b) operate to provide the Legislative Assembly with a choice between lawyers with five years experience or non-lawyers with five years experience on an administrative tribunal or court.
The committee does not agree that cost awards should be awarded against the respondent only. The committee is satisfied that the current provision sets a sufficiently high standard (frivolous and vexatious) that will protect complainants who create delay because of lack of resources from being penalized. The committee also believes that costs should be available in other circumstances, such as in cases of particularly egregious breaches of the act or where a respondent has repeatedly engaged in discriminatory behaviour. Enabling adjudicators in the Northwest Territories to award costs is also consistent with legislation in other jurisdictions in Canada. Currently Ontario, Manitoba, Alberta, Quebec, Prince Edward Island and Newfoundland all grant the tribunal or adjudication panel with broad discretion to award costs in a complaint.
The committee passed a motion to amend clause 62(3) to allow the adjudicator to order reinstatement of an employee.
Recommendations
The Standing Committee on Social Programs recommends that clause 51 be amended to allow the chair to appoint more than one adjudicator, where necessary.
The Standing Committee on Social Programs recommends that clause 62(3) be amended to allow the adjudicator to award exemplary damages to a maximum of $10,000.
The Standing Committee on Social Programs recommends that clause 63(3) be amended to allow the adjudicator to award costs in extraordinary circumstances.
Mr. Speaker, at this time I will ask the chair, Mr. Bell, to continue with the report. Thank you.