CODE OF CONDUCT
FOR
MEMBERS OF THE
WHEREAS the Canadian Human Rights
Act provides for the establishment of a Canadian Human Rights Tribunal made
up of a Chairperson, a Vice-chairperson and an additional number of appointed
members, and WHEREAS such members of the Tribunal recognize both the importance
of the protection of human rights and the importance of the integrity,
impartiality and independence of the Canadian Human Rights Tribunal, a Code of
Conduct governing Tribunal Members is hereby established to ensure that the
following principles are respected.
In
the application of these principles, it must be recognized that members of the
Tribunal have been appointed because of their experience, expertise and
interest in, and sensitivity to, human rights.
It must also be recognized that, in some cases, these are part-time
appointments and that part‑time members will at the same time continue
with their full‑time occupation and activities. Finally, it must be recognized that the
Chairperson is the chief executive officer of the Tribunal, and has the
authority under the Canadian Human Rights Act to recommend that the
Minister of Justice take remedial or disciplinary measures in respect of a
Member.
The
foregoing is taken into account in the procedures to provide safeguards for the
decision‑making of the Tribunal, set out below.
In
this Code of Conduct:
"Act"
means the Canadian Human Rights Act, and, in respect of the proceeding,
also includes the Employment Equity Act, where Members have been
appointed under the latter statute;
"Chairperson"
means the Chairperson of the Canadian Human Rights Tribunal established
pursuant to s. 48.1 of the Canadian Human Rights Act;
"Commission"
means the Canadian Human Rights Commission established pursuant to section 26
of the Canadian Human Rights Act;
"Member"
is a person appointed to the Canadian Human Rights Tribunal, on a full time or
part time basis, pursuant to s. 48.1 of the Act;
"Member’s corporate interests"
(i) in the case of a part‑time Member, are based on the activities and objectives of the corporation, partnership, association or other type of entity with which the Member is employed or affiliated, including any organizations closely related to it such as subsidiaries.
(ii) in the case of a full‑time Member, are based on the activities and objectives of the corporation, partnership, association or other type of entity with which the Member was previously employed or affiliated, including any organizations closely related to it such as subsidiaries.
"Member’s private interests"
(i) in the case of a part‑time Member, means regular employment, assets, income, liabilities, and activities other than work for the Tribunal; and
(ii) in the case of a full‑time Member, means assets, income, liabilities and activities other than work for the Tribunal.
"Minister" for the purposes of the Employment
Equity Act, means the member of the Queen’s Privy Council for
"Participant" in respect of a
proceeding, includes a party, counsel to a party, or witness.
"Party"
in respect of a proceeding pursuant to the Canadian Human Rights Act, means the complainant, the person against whom the complaint was made or the Commission, and may include any other interested party given notice pursuant to s. 50 of the Canadian Human Rights Act.
in respect of a proceeding pursuant to s. 28 of the Employment Equity Act, includes the Commission and the employer;
in repect of a proceeding pursuant to s. 39 of the Employment Equity Act, includes the Minister and the employer.
"Proceeding" means:
a) an inquiry under s. 50 of the Canadian
Human Rights Act;
b) a request or application under s. 28 of the Employment Equity Act; or
c) a review under s. 39 of the Employment Equity Act;
"Registrar" means the Registrar of
the Canadian Human Rights Tribunal referred to in s. 48.8 of the Canadian
Human Rights Act;
"Tribunal" means the Canadian Human
Rights Tribunal established pursuant to s. 48.1 of the Canadian Human Rights
Act and includes any statutory functions granted to it by the Employment
Equity Act.
All
Members of the Canadian Human Rights Tribunal, including the Chairperson and
the Vice-Chairperson, are Governor in Council appointees and as such are
subject to the Principles of the Conflict of Interest and Post‑Employment
Code for Public Office Holders, set out below (hereinafter Public Office
Holder Code). Full‑time
Members are also subject to the Compliance Measures contained in the Public
Office Holder Code.
1.
Ethical Standards
Members shall act with honesty and uphold the highest ethical standards so that public confidence and trust in the integrity, objectivity and impartiality of the Tribunal are conserved and enhanced.
2. Public Scrutiny
Members have an obligation to perform their official duties and arrange their private affairs in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.
3. Decision-Making
Members, in fulfilling their official duties and responsibilities, shall make decisions in the public interest within the meaning of the Act and with regard to the merits of each case.
4. Private Interests
Members should not have private interests, other than those permitted pursuant to the Public Office Holder Code and this Code of Conduct, which would be affected particularly or significantly by decisions or actions in which they participate.
5. Public Interest
On appointment to office, and thereafter, Members shall arrange their private affairs in a manner that will prevent real, potential or apparent conflicts of interest from arising but if such conflict does arise between the private interests of a Member and the official duties and responsibilities of that Member, the conflict shall be resolved in favour of the public interest.
Members shall only accept assignments or appointments to individual cases where the Member does not have a real, potential or apparent conflict of interest. If, in the course of a proceeding, such a conflict does arise between the private interests of a Member and the official duties and responsibilities of that Member, the conflict shall be resolved in a favour of the public interest.
6. Gifts and Benefits
In the performance of their duties, Members shall not solicit or accept transfers of economic benefit, other than incidental gifts, customary hospitality, or other benefits of nominal value, unless the transfer is pursuant to an enforceable contract or property right of the Member.
It is recognized that there may be some social functions to which Members are invited by virtue of their official duties. However, Members must exercise prudence in accepting such invitations, and if in doubt, they should consult the Chairperson before accepting the invitation, as well as the Ethics Commissioner in such case as it might give rise to a concern under the Public Office Holder Code.
A disclosure to the Ethics Commissioner and a Public Declaration is required, in accordance with the Public Office Holder Code, where the total value of gifts, hospitality or other benefits exceeds $200.
Nothing in this section permits the acceptance of gifts, hospitality or benefits which could influence, or reasonably give the appearance of influencing, a Member in the discharge of his or her official duties. Such gifts, hospitality or benefits shall be declined and the offer thereof shall be reported to the Chairperson or Registrar.
7.
Preferential Treatment
Members shall not use their position of office to assist private entities or persons where this would result in preferential treatment to any persons by the Tribunal.
In particular, Members shall not assist private entities or persons in their dealings on human rights or employment equity issues where this would result in preferential treatment to any person by the Tribunal, the Commission or the Minister.
8. Insider Information
Members shall not knowingly take advantage of, or benefit from, information obtained in the course of their official duties and responsibilities, and that is not generally available to the public.
9. Government Property
Members shall not directly or indirectly use, or allow the use of, government property of any kind, including property leased to the government, for anything other than officially approved activities.
No member shall use or sanction the use of the Tribunal’s premises, equipment, supplies, services or "coat of arms" logo for personal or non-official purposes, without the express permission of the Registrar.
10. Post-Appointment
Members shall not act, after their term has expired, in a way that takes improper advantage of their previous office.
In particular, no former Member shall appear as counsel for a party before the Tribunal for one year following the later of (a) the end of the Member’s term; (b) the discharging of the member’s last adjudicative function under the Act.
11. Fundraising
Members are not to personally solicit funds from any person, group, organization or corporation where such fundraising could place them in a position of obligation incompatible with their public duties.
12.
Confidential Reports
Full‑time Members are bound by
the confidential reporting requirements contained in sections 9(1) and 18(1) of
the Public Office Holder Code.
As soon as reasonably practicable after appointment to the Canadian Human Rights Tribunal, Part‑time Members shall make a confidential report in writing to the Registrar setting out any corporate or private interests that they consider might place them in a real, potential or apparent conflict of interest. The report should include any corporate/private interests that Part‑time Members consider might place them in a conflict situation consistent, where applicable, with the principles of solicitor/client privilege. The report should not make reference to the value of any interests held.
13. Members should update their confidential reports whenever changes in their circumstances warrant it and review them annually.
14. Before accepting an assignment or appointment to an individual case, Members should review their private and corporate interests to ensure that no conflict exists. If conflict is found to exist, the Member shall decline the assignment or appointment.
15. Registrar’s Role
The Registrar of the Tribunal, in consultation with the Chairperson, is responsible for advising Members concerning appropriate measures to resolve situations where a real, potential or apparent conflict of interest may arise with respect to private and corporate interests of a Member under this Code of Conduct. Members are responsible for consulting the Ethics Commissioner in relation to the application of the Public Office Holder Code. The Registrar may also consult with the Office of the Ethics Commissioner on any matter associated with the application of this Code of Conduct.
16. Notwithstanding the previous section, it is recognized that a conflict may not be readily apparent at the time of assignment or appointment, but become subsequently known. In such situations, the Member may declare the interest to the participants and decide, after the receipt of submissions from the parties, the appropriateness of continuing as a Member on the case.
17.
All Members must recognize and accept their fundamental role in the
fulfillment of the objectives of the Act and undertake to carry out
their responsibilities as Tribunal Members in a way that will promote the
integrity, impartiality and independence of the proceedings. To that end, every Member and former Member
shall avoid impropriety and the appearance of impropriety and shall observe
high standards of conduct so that the integrity, independence and impartiality
of the proceedings are preserved.
18.
Full‑time
Members recognize that, apart from the arrangement of their private and
corporate interests so
as to avoid a conflict of interest, they cannot accept outside employment or
otherwise engage in outside activities which compromise their full‑time
commitment to public office. Full‑time
Members who engage or have engaged in outside activities (including employment)
are subject to ss. 15-18 of the Public Office Holder Code.
19.
A Member:
a) shall be independent and impartial,
shall act in a fair manner and shall avoid creating an appearance or an
apprehension of bias;
b) shall not be influenced by
self-interest, outside pressure, political consideration, public clamour,
loyalty to a political party or fear of criticism;
c) shall not use Member’s position on
the Tribunal to advance any personal or private interests. A Member shall avoid actions that may create
the impression that others are in a special position to influence the Member;
d) shall avoid entering into any
relationship, or acquiring any financial or personal interest, that is likely
to affect the Member’s impartiality or that might reasonably create an
appearance of impropriety or an apprehension of bias with respect to the
proceeding or proceedings over which he or she has jurisdiction.
20.
Maintenance of Confidentiality
A
Member or former Member
a)
shall
not at any time disclose or use any non-public information concerning a
proceeding or acquired during a proceeding except for the purposes of the
proceedings and shall not, in any case, disclose or use any such information to
gain personal advantage or advantage for others or to affect adversely the
interest of another;
b)
shall
not, in respect of a proceeding, disclose any Order or Decision before its
issuance;
c)
shall
not at any time disclose which Members are associated with majority or minority
opinions unless that disclosure was made by all Members assigned or appointed
to the case or made by the Tribunal as a whole; and,
d)
shall
not at any time disclose the deliberations of Members, or any Member’s view,
except as required by law.
21.
A
Member:
a) who accepts an assignment or
appointment in respect of a proceeding shall be available to perform, and shall
perform, his or her duties thoroughly and expeditiously throughout the
proceeding;
b) shall comply with the provisions of
the Act and all applicable rules established under the Act;
c) shall not deny any other Members
assigned or appointed to the proceeding the opportunity to participate in all
aspects of the proceeding, and shall consult with other Members so assigned or
appointed before the issuance of a decision or reasons therefore;
d) shall consider only those issues
raised in the proceedings and those issues necessary to a decision and shall
not delegate the duty to decide to any other person;
e) shall only communicate with a
participant in a proceeding in the presence of all parties and/or their
counsel. Notwithstanding the foregoing,
the Chairperson may, from time to time, confer with counsel or parties
frequently involved in Tribunal proceedings to discuss matters unrelated to any
specific proceeding for the purposes of addressing general operational or
administrative concerns arising from the functioning of the Tribunal;
f)
shall
not communicate matters concerning actual or potential violations of the Code
of Conduct unless the communication is to the Chairperson, the Registrar or the
parties as provided for in paragraph 16, or is necessary to ascertain whether
the Member has violated, infringed or may violate the Code of Conduct.
g) shall in all proceedings conduct
themselves in a manner that is courteous, patient, fair and respectful to all
participants and observers, their language, customs, rights, opinions, and
beliefs, while ensuring that the proceedings are orderly and efficient. Members shall require similar conduct of
others present;
h) shall not, outside of his or her
statutory function, publicly comment on a decision, proceeding or provision of
the Act. Members shall refer all
media inquiries to the Registrar;
i)
shall
not do anything which might bring the Tribunal, or its administration into
disrepute.
22.
Certification
Members must, as soon as practicable
after appointment to the Tribunal, certify to the Registrar that they agree to
comply with the provisions of this Code as a condition of being assigned or
appointed to individual cases.
Member’s
Signature Date
Member’s
Name
Chairperson’s
Signature (witness) Date
Shirish P.
Chotalia