Sask Rights
A Saskatchewan Human Rights Commission Publication
Winter/Spring 2001

 
Amendments to the Saskatchewan Human Rights Code
 

In May 2000, Justice Minister Chris Axworthy introduced a Bill to amend The Saskatchewan Human Rights Code.

The amendments to the Code are the result of recommendations contained in "Renewing the Vision – Human Rights in Saskatchewan," an comprehensive study conducted by the Commission and released in 1996.

Changes to the Code are both substantive and structural that streamline and add flexibility to the complaint process, make changes respecting some of the grounds of discrimination, create a human rights tribunal and enhance the remedy and enforcement provisions.

Structural changes for the Commission include the elimination of the statutory position of director and the duties and role of the Chief Commissioner have been changed.

The creation of a human rights tribunal is one of the significant changes contained in the amendments. The human rights tribunal will replace a board of inquiry appointed by the Minister of Justice. The tribunal, which will consist of at least three people, will be created by an order in council with a five-year appointment.

Annual Report Tabled

"Promoting Dignity and Equality for All," the Commission's 1999-2000 Annual Report was tabled with the clerk of the Legislative Assembly November 2.

The report covers the Commission's activities from April 1, 1999 to March 31, 2000.

Copies of the Annual Report are available upon request from the Commission offices in Regina and Saskatoon.

  The Code amendments will allow a complainant to apply directly to the human rights tribunal for a hearing where the complaint is dismissed. In these cases the complainant is responsible for the carriage of the complaint.

Amendments are expected to be proclaimed in force this spring. Other changes contained in the Code amendments include:

  • A change respecting the remedies the tribunal may order raises the maximum amount in damages for injury to feelings, dignity or self-respect to $10,000 from $5,000.
  • Provides that the Chief Commissioner rather than the full Commission can approve settlements, dismiss complaints, grant exemptions and refer complaints to the human rights tribunal.
  • Allows the Commission to defer investigation of a complaint if the substance of the complaint could be dealt with more appropriately under another statute or proceeding.
  • Allows the Commission to dismiss a complaint if the complaint raises no significant issue of discrimination, is made in bad faith or is made for improper motives or where the substance of the complaint has been dealt with more appropriately under another statute or proceeding.
  • Provides that a person must bring a complaint within two years of becoming aware of the alleged act of discrimination.
  • The Chief Commissioner becomes responsible for the approval of settlements, can dismiss complaints and refer files to a human rights tribunal.
  • Amends the definition of "disability" to remove the requirement to prove the cause of a physical disability and changes the term "guide dog" to "service animal" to include all animals that assist persons with disabilities.
  • Allows the Chief Commissioner to monitor compliance with an order where the tribunal includes this as part of an order.
  • Provides for complaints against co-workers.
  • Amends the definition of employee to include contract employees.
I n --T h i s --I s s u e
Settlements
Sexual Harassment
Disability
Ancestry
Age Discrimination
Marital Status
Sex Discrimination
Receipt of Public Assistance
Devoted Human Rights Advocate Retires
Policy on Drug and Alcohol Testing Ratified

  Human Rights in the Workplace
International Human Rights Day

Court Decisions
Employment Discrimination
Jurisdiction of Human Rights Tribunals
Accessibility
Intervention in the Supreme Court of Canada
March 21 Celebrations
Chief Commissioner Travels North

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