Nova Scotia Human Rights Commission | |
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Independent agency overview | |
Jurisdiction | Government of Nova Scotia |
Headquarters | Halifax Regional Municipality, Nova Scotia |
Employees | 21.0 FTE (2009-2010) |
Annual budget | CAD$2.1 million (2009-2010) |
Minister responsible | Ross Landry, Department of Justice |
Independent agency executives | Eunice Harker Norbert Commeau, Vice-Chairperson, Commissioners |
Parent department | Nova Scotia Department of Justice |
Website | |
NS Human Rights Commission |
The Nova Scotia Human Rights Commission (the “Commission”) was established in the Nova Scotia, Canada in 1967 to administer the Nova Scotia Human Rights Act. The Commission is an arm's length independent agency of government accountable to the Nova Scotia Department of Justice for budgetary issues.
The Commission's mandate under the Act includes: helping people prevent discrimination through public education and public policy; and creating resolution in situations where discriminatory behaviour has happened.[1]
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The Commission offers assistance for those trying to prevent discrimination on the basis of race; religion; color; creed; ethnic origin; national origina; sex, physical disapbility; age; maritial status; source of income; mental disability; sexual harassment; prengnacy; family status; sexual orientation fear of contracting a illness; aborignal origin; political belief; activity or association.[2] It is also a violation to retaliate against someone who files a complaint or expresses an intention to complain or assist in a complaint (NS Human Rights Act, s. 11).
Nova Scotia Human Rights Commission is the first commission in Canada to engage a restorative dispute resolution process. With this change, the Commission will move away from the traditional investigation with optional mediation. The traditional process was often long and seldom involved bringing parties together except for an adversarial public inquiry.
The current dispute resolution program uses a more collaborative, restorative approach between the parties involved, which facilitates a more responsive and timely resolution. In-person restorative processes provide better emotional closure for both of the parties since each have an opportunity to discuss how events impacted them and how to create changes for the future. The process also enhances learning about human rights since it involves a sharing of stories rather than a blaming and defending of harms.
This shift from adversarial to collaborative model represents an understanding of the harms that can come from traditional legalistic processes, inherited from the civil litigation system. Human rights law, however, is public law and is concerned with re-mediating harm private and public harm as opposed to punishing the respondent.
Disabled transit riders in Halifax Regional Municipality, Nova Scotia, are seeing improved accessibility in 2011. Halifax Metro Transit engaged in a wide-ranging dialogue, facilitated by the Commission, with two passengers who use wheelchairs. These conversations created many striking improvements in in services. The resolutions, available on the Commission's website, resolve the accessibility concerns shared by larger disabled communities around Halifax's public transportation. For those with mobility challenges, public transportation is a essential service to engage work, school, and cultural life.
These significant changes were implemented in the fall of 2011. All low floor buses, for example, will accept wheelchair passengers unless the physical stop cannot accommodate the bus ramp and/or other safety concerns. These changes are adressing complaints that passenger access to buses was unduly restricted due to policy rather than actual operational needs or limitations. Previously, policy dictated that low floor buses could pick up passengers only when the entire route was designated accessible (i.e, every stop on the route was determined to be an accessible stop). A full inventory and upgrade has now been completed. Details on the changes are found below.[3]
The Commision co-hosts an annual symposium in celebration of the International Day of Persons with Disabilities.
The Nova Scotia Human Rights Act provides protection for the lesbian and gay communities and transgendered persons. The Commission supports the Pride Parade and participates in it annually./*-+
The Commission sponsors the annual International Human Rights Day (December 10).
Each year the Commissioners (Board of Directors) award a Human Rights Award on December 10 to an individual and an organization to recognize the work of Nova Scotians in promoting and protecting human rights. Pat Skinner (2006), Percy Paris (2005), Senator Donald Oliver (2006), Dr. Hetty Van Gurp (2006), Just Us! Coffee Roasters Co-op’s Jeff and Deborah Moore (2005), M. Lee Cohen (2002), Henderson Paris (1999), and Amnesty International(1994). [4]
There is a director at the commission. The history of directors for the Commission include: Mr. Marvin Schiff (1968–1971); Dr. George McCurdy (1971–1983); Ms. Cathy MacNutt (194-1985); Dr. Anthony Johnstone (1985–1989); Dr. Bridgial Pachai (1989–1994), Wayne MacKay (1995–1998), Lt. Governor Mayann Francis (1999–2006), Michael Noonan (Acting)(2007–2008), Krista Daley (2008–2011),Karen Fitzner (Acting) (2011- ).[5]
The director reports to the Commissioners (Board of Directors). Some prominant members in the past have included Wanda Thomas Bernard, Daniel N. Paul, and Calvin Ruck.[6]
There are currently 20 staff members. The NSHRC staff work in three regions of the province including the central office in Halifax and two regional offices located in Sydney and Digby. Three units carry out the operational and administrative functions: the CEO's office, the Dispute Resolution unit which investigates complaints and offers mediated resolutions, and the Race Relations, Equity and Inclusion unit which provides public education on matters related to human rights. Recently the NSHRC hired in-house counsel to addresses all legal matters.
The Commission has been involved with affirmative action initiatives since 1972, which is now referred to as "employment equity." The change in term also represents a philosophical shift from a contractual model to a collaborative model, with the Commission working in partnership with organizations to improve diversity of their workplaces. Historically, between 1971 until 1991, the Commission developed a six month training program which targeted disadvantaged people to assist them in entering the work force. Some of the more prominate people to participate in this program were Linda Carvery, Kyle Johnson and Jean Knockwood.[7]
The Commission has also addressed Affirmative Action with insitutions of higher eduction. The Commision has worked with Dalhousie University, Acadia University, and St. Francis Xavier University to develop recruitment initiatives for disadvantages people. The Commision has also worked with the public school boards to do the same.[8]
Endnotes