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Message from the Chairperson

Canadians are proud of their progress toward building a diverse society, where the ideals of equality and inclusion have become increasingly respected. However, achieving true equality remains an ongoing challenge. The Canadian Human Rights Tribunal is an integral part of the infrastructure created by the federal government to reach that goal.

The Tribunal is the administrative body that hears complaints of discrimination that arise in areas under the legislative authority of the Government of Canada. These include federal government departments and agencies and Crown corporations, as well as banks, airlines and other federally regulated employers and providers of goods, services, facilities and accommodation. The Tribunal hears from complainants and respondents alike, as well as from interested third parties, including the Canadian Human Rights Commission. Through open, fair and transparent hearings, the Tribunal assesses evidence and rules on complaints of discrimination. The Tribunal’s decisions inform the parties — and Canadians — about the law as it applies to specific facts that arise in complaints. By guaranteeing open, fair and transparent hearings, and by providing just and well-reasoned rulings on individual complaints of discrimination, the Tribunal helps to entrench equality into the daily lives of Canadians. Through practical and legally binding decisions, the Tribunal gives effect to the lofty ideals of equality and fairness.

This annual report chronicles the Tribunal’s activities in 2009, mostly during the tenure of former Chairperson J. Grant Sinclair. As the newly appointed Chairperson, effective November 2, 2009, I have taken up the search for new and innovative ways to enhance the effectiveness and efficiency of the Tribunal’s inquiry process. For example, a number of cases have already benefited from a more interventionist approach to case management, resulting in shorter hearings. This approach is allowing the parties to access justice in a more timely and cost effective fashion. An increase in settlements results in direct savings of legal costs to parties, as do shorter hearings. This is particularly important given the recent decision in Mowat v. Canada (Canadian Forces) 2009 FCA 309 where the Court of Appeal ruled that compensation for legal expenses cannot be ordered by the Tribunal.

In 2010-2011, we will continue our efforts to provide the highest quality service and best possible value to the Canadian public. As the new Chair, I will explore other innovative ways to provide an effective and efficient process, one that gives parties timely access to justice and brings Canada closer to the truly diverse, equal, and fair society our citizens deserve.

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Shirish P. Chotalia, Q.C., LL.M.