What do Human Rights Commissions do?

Human rights commissions in Canada are independent statutory bodies that investigate complaints of discrimination, promote public education, and (in some jurisdictions) advance human-rights litigation in the public interest. The federal Canadian Human Rights Commission (CHRC) was established by the Canadian Human Rights Act of 1977, and parallel provincial and territorial commissions operate under provincial human-rights codes. Each commission has jurisdiction over a defined set of services, employers, and businesses within its constitutional sphere.

The Canadian Human Rights Commission has jurisdiction over federally regulated employers and service providers including the federal public service, the Canadian Armed Forces, the RCMP, banks, airlines, telecommunications and broadcasting, interprovincial transportation, and First Nations governments and their service providers. Under the Canadian Human Rights Act, discrimination is prohibited on 13 grounds: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, and conviction for an offence for which a pardon has been granted.

Provincial and territorial commissions cover the much larger field of provincially regulated employment and services: most retail, hospitality, construction, professional services, healthcare, and provincial public services. Provincial codes typically prohibit discrimination on similar grounds plus specific provincial categories (such as 'place of origin' in Alberta or 'social condition' in Quebec). Major commissions include the Ontario Human Rights Commission, the British Columbia Human Rights Tribunal (the BC Commission was abolished in 2002 and re-established in 2018), the Quebec Commission des droits de la personne et des droits de la jeunesse, and the Alberta Human Rights Commission.

Complaints are typically resolved through investigation, mediation, and (if needed) hearings before specialised human-rights tribunals such as the Canadian Human Rights Tribunal. Remedies include monetary compensation, orders to cease the discriminatory practice, policy changes, training, and public interest orders. The federal Pay Equity Act of 2018 (in force August 31, 2021) added the Pay Equity Commissioner within the CHRC. Provincial accessibility statutes including the Accessibility for Ontarians with Disabilities Act of 2005 and the federal Accessible Canada Act of 2019 supplement the rights-complaint system with proactive standard-setting.