The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50810
REGIONAL WRAP-UP human rights commission who helped draft policies related to the latest round of proposed changes. The proposed approach is still "fairly unusual" in Canada, says MacKay, who has served as president and vice chan- cellor of Mount Allison University in Sackville, N.B. "It's certainly novel in Atlantic Canada. It's a relatively innova- tive thing to be doing." It is also a prac- tical thing to be doing, notes Hughes. "In a small jurisdiction, you can't have a standing tribunal. Ten cases a year go to adjudication." In its report to government, "The New Brunswick Human Rights Commission: Future Directions, Recommendations to Government," the commission notes the appointment of vice chairpersons "would be fiscally responsible since they would be paid on a per diem basis, en- able a single stream of referrals, and bolster institutional independence and adequate administrative support." The issue of independence is critical to the human rights commission and a central theme of the 51-page report. "Commissions have always — and ap- propriately — been concerned about [the issue]. A lot of time they have to deal with the same government that is paying the bills as respondents," says MacKay. "Having the ability to make decisions without someone looking over your shoulder is important. Statu- tory recognition of that has not been as strong as it should be." Among the recommendations brought forward to ensure and enhance indepen- dence are providing adequate funding so the commission can effectively promote human rights and deal with complaints, and allowing the commission to repre- sent itself directly in the budgeting pro- cess. The commission is also calling for Canada's two solitudes to be reflected in one harmonious human rights act. "There are inconsistent French and English versions in every section. In some cases, the meaning is not even in the same ballpark," says Hughes. She notes that, "the Supreme Court of Can- ada ruled in one case on mandatory re- tirement that the English rights weren't existing because the French rights were ntitled-8 1 less extensive." The gold standard — and the stan- dard the commission in Canada's only officially bilingual province is seek- ing — is co-drafting of the legislation. French and English versions of the act would be written simultaneously. "When you're dealing with a quasi-ju- dicial document you might as well get it right," says Hughes. "It's a wake-up call to ourselves." It is a call the provincial government is expected to respond positively to. There is a proud tradition in New Brunswick of breaking new and important ground when it comes to human rights. After all, it was a New Brunswicker, John Pe- ters Humphrey, who wrote the first draft of the Universal Declaration of Human Rights. — DONALEE MOULTON donalee@quantumcommunications.ca Bring your legal career to new horizons with the Government of Nunavut. If you are an energetic, enthusiastic Lawyer wanting to work in an exciting jurisdiction, explore the employment opportunities with the Department of Justice in Nunavut, where governance, law and culture reflect the homeland of the Inuit. Visit www.gov.nu.ca, or contact Doug Garson at 867-975-6316. Photo courtesy of Nunavut Tourism www. C ANADIAN Law ye rmag.com FEBRU AR Y 2009 11 1/19/09 4:05:13 PM