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Speaking Engagements

FNCFCS et al. v. Attorney General of Canada

Please find below the link to the ruling of the Canadian Human Rights Tribunal in respect of the Respondent’s motion to dismiss the complaint in the above-noted case.

The ruling was rendered on March 14, 2011, and bears the neutral citation 2011 CHRT 4.

•14/03/2011 -- FNCFCS et al. v. Attorney General of Canada -- PDF

Speech by the Chairperson

Canadian Human Rights Tribunal Chairperson, Shirish P. Chotalia, Q.C. speaks at the Congress of the Quebec Bar Association - Roundtable on Access to Justice. http://congres2011.barreau.qu.ca/coulisses/03

Roundtable Updates

In partnership with the New Brunswick and Nova Scotia branches of the Canadian Bar Association, as well as the Aboriginal Communities of St. Mary’s, Fredericton, NB, and Millbrook, Truro Halifax, Nova Scotia respectively, I am pleased to invite you to attend one of the Canadian Human Rights Tribunal’s Stakeholder Consultations on one of the following days:

New Brunswick:

In partnership with the Canadian Bar Association:

Date:           Monday, September 19, 2011
Time:           5:30 p.m. to 7:30 p.m.
Venue:         Wu Conference centre, Chancellor’s Room, 6 Duffie Drive, Fredericton, NB

In partnership with the St. Mary’s First Nation:

Date:           Tuesday, September 20, 2011
Time:           10:00 a.m. to 12:30 p.m.
Venue:         St. Mary's Entertainment Center, 185 Gabriel Drive, St. Mary's First Nation, Fredericton, NB

Nova Scotia:

In partnership with the Canadian Bar Association:

Date:           Monday, September 20, 2011
Time:           5:00 p.m. to 7:00 p.m.
Venue:         Cox & Palmer's Boardroom, Purdy’s Wharf Tower I, 1100-1959 Upper Water Street, Halifax NS

In partnership with the Millbrook First Nation:

Date:           Wednesday, September 21, 2011
Time:           10:30 a.m. to 1:30 p.m.
Venue:         820 Willow Street, Millbrook, Truro-Halifax, NS

Letter To Stakeholders

On November 2, 2009, I commenced as Chairperson of the Canadian Human Rights Tribunal. Since that time, the Tribunal has been implementing a new vision: Providing access to justice for ordinary Canadians through expedited complaint resolution. This vision involves intensive pre-hearing case management to narrow the issues of litigation and abbreviate the hearings by focusing on facts in dispute. Please find attached two decisions, (Breast, Charles A. v. Whitefish Lake First Nation, 2010 CHRT 10 and Roopnarine, Taramatie v. Bank of Montreal, 2010 CHRT 5), whereby my access to justice vision has assisted the parties. This new vision involves evaluative mediation in addition to interest-based mediation to resolve complaints. We are also offering mediation before and after filing of particulars, and even during a hearing. This initiative is, in particular, aimed at assisting unrepresented complainants to be heard even though they may not be able to afford a lawyer. In addition, it is hoped that our innovations in case management and mediation will help the Tribunal  manage a potential influx of new and complex cases arising from the repeal of s. 67 of the Canadian Human Rights Act, which now allows complaints arising out the Indian Act to be brought before the Tribunal.

In developing our new approach, I began by consulting the bar and bench broadly across the country in different sectors of the legal system in order to draw on best practices outside of our field. Now, it is important that I consult with you and other stakeholders who could potentially become involved with adjudication at the Tribunal.

As part of the consultation process, we have amended our case management practice note to reflect a tighter time-line to move cases to hearing. A copy of the amended note is attached featuring:

• Replacement of a First Conference Call with a letter to parties
• Evaluative mediation both pre- and post-disclosure in addition to the existing interest-based model
• Enhanced disclosure of anticipated expert testimony
• Signed witness statements and/or affidavits (to replace generalized will-says)
• Process mediation to shorten hearings
• Rigorous disclosure by all parties of remedies sought or proposed

I am also enclosing a guide entitled “Evaluative Mediation Procedures” which provides more detailed information about the changes to our mediation process. In addition to a description of Evaluative Mediation, I would draw your attention to our amended “Terms and Conditions of Evaluative Mediation” which appear as Appendix 1 to the document. 

In order to receive your feedback on these changes, I would like to hear from you in person.  Therefore, n partnership with the New Brunswick and Nova Scotia branches of the Canadian Bar Association, as well as the Aboriginal Communities of St. Mary’s, Fredericton, NB, and Millbrook, Truro Halifax, Nova Scotia respectively, I am pleased to invite you to attend one of the Canadian Human Rights Tribunal’s Stakeholder Consultations on one of the following days:

New Brunswick:

In partnership with the Canadian Bar Association:

Date:           Monday, September 19, 2011
Time:           5:30 p.m. to 7:30 p.m.
Venue:         Wu Conference centre, Chancellor’s Room, 6 Duffie Drive, Fredericton, NB

In partnership with the St. Mary’s First Nation:

Date:           Tuesday, September 20, 2011
Time:           10:00 a.m. to 12:30 p.m.
Venue:         St. Mary's Entertainment Center, 185 Gabriel Drive, St. Mary's First Nation, Fredericton, NB

Nova Scotia:

In partnership with the Canadian Bar Association:

Date:           Monday, September 20, 2011
Time:           5:00 p.m. to 7:00 p.m.
Venue:         Cox & Palmer's Boardroom, Purdy’s Wharf Tower I, 1100-1959 Upper Water Street, Halifax NS

In partnership with the Millbrook First Nation:

Date:           Wednesday, September 21, 2011
Time:           10:30 a.m. to 1:30 p.m.
Venue:         820 Willow Street, Millbrook, Truro-Halifax, NS

Kindly advise us of yourparticipation in one of these sessions by responding to this email. In the event that you are unable to attend one of the above sessions, we would be pleased to receive your written feedback and proposals regarding concerns and improvements that might be made to the Tribunal process.  We would ask that written submissions be sent to the Tribunal by December 31, 2011. (See contact information below.)

Ideally, I would have liked to consult fully with you prior to implementing these initiatives, even in a preliminary manner. However, operational exigencies required that these measures be initiated prior to finalizing consultations. I am hopeful that this series of consultations, which commenced in January of this year, will lead to the formation of a standing national advisory committee and that future changes to Tribunal procedures will be canvassed with stakeholders prior to implementation.
 
Kindest regards,
Shirish P. Chotalia, Q.C.
Chair of the Canadian Human Rights Tribunal

Chairperson-Présidente@chrt-tcdp.gc.ca
www.chrt-tcdp.gc.ca

Enclosures:

Breast, Charles A. v. Whitefish Lake First Nation

Roopnarine, Taramatie v. Bank of Montreal

Practice Note No. 3 - Case Management

Evaluative Mediation Procedures

Tribunal Glossary

Reference Documents

The Canadian Human Rights Tribunal has AMENDED Practice Note No. 3 - Case Management, and has also AMENDED its mediation procedures document, which is now entitled: Evaluative Mediation Procedures. These amended documents are posted on the Tribunal Rules and Procedures page of our website.

Breast, Charles A. v. Whitefish Lake First Nation

Roopnarine, Taramatie v. Bank of Montreal

Tribunal Glossary

The Tribunal is currently in the process of consulting with stakeholders in regard to both of these initiatives.

About The CHRT

The purpose of the Canadian Human Rights Act is to protect individuals from discrimination. It states that all Canadians have the right to equality, equal opportunity, fair treatment, and an environment free of discrimination. The Canadian Human Rights Tribunal (CHRT) applies these principles to cases that are referred to it by the Canadian Human Rights Commission (CHRC). The Tribunal is similar to a court of law, but is less formal and only hears cases relating to discrimination. For further information about the different roles of the Tribunal and the Commission, please see About the CHRT and Jurisdiction.



Chairperson's Message

Chairperson's Message from January 2010

Information regarding the Digital Voice Recording system at Tribunal proceedings