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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.
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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. |
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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.
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