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w w w . C A N A D I A N L a w y e r m a g . c o m F E B R U A R Y 2 0 1 8 13 \ AT L A N T I C \ C E N T R A L \ N O RT H \ W E S T REGIONAL WRAP-UP bodies as well as Ontario's commission. Kahlon has envisioned that the com- mission possess broad inquiry and investi- gative powers, including the ability to call an inquiry into systemic discrimination as well as provide education and information. Human rights are evolving, Kahlon says. "I was hoping that we could structure a commission that is flexible and able to adapt and change with our understanding of human rights. We wanted a wide vari- ety of power and the ability to use them appropriately." The report said: "A commission with a mandate to examine, inquire into, and report on systemic issues of inequality and discrimination can similarly assist in addressing unfair practices that adversely affect groups of people (not just individuals), and support employers, service providers, landlords and others with practical resolution tools, policies and guidelines." Kahlon's report maintains that a robust and independent human rights system in B.C. should be built upon four pil- lars: an independent commission that promotes and protects human rights; a direct-access human rights tribunal with dispute resolution mandate; a human rights clinic that pro- vides specialized information, advocacy and representation services on early resolution; and the ministry of attorney general overseeing the B.C. Human Rights Code and legisla- tive framework protecting individuals from discrimination. "The commission is the missing leg on the chair," says Kahlon, adding that the other legs also need continued monitoring. Legislation needs to keep pace with social changes in human rights and the public — especially in rural or northern areas — needs more access to clinic information, he says. "We recommended that the clinics be expanded." Kahlon says the new commission is envisioned differently than past commissions that served as a "gatekeeper" screen- ing complaints before B.C.'s tribunal. "There were many con- cerns that this extended the process," he says. But synergies can exist between the two bodies. "There is an opportunity for the tribunal to see trends and share the information," he says, a process that allows the commission to address systemic discrimination through educational programs and material. The tribunal is the physician addressing ills and the commission is the public health organization stressing prevention, he says. "Educating the public — in particular, employers, service providers, members of disadvantaged groups, as well as those who are advantaged — about their human rights and obligations can foster a culture of respect and can be a useful preventative tool in reducing the likelihood of human rights violations. This was heard repeatedly in many of my discus- sions," he wrote in his report. The BCCLA's Paterson says there is a need for a government entity that can pro- vide "thoughtful interpretation" of govern- ment legislation and regulations to institu- tions, companies, landlords and employers. That role is now filled by societies or organ- izations. "It is not something that civil socie- ties should be doing," he says. Paterson sees one shortcoming. "One thing we would like to see and will continue to talk to government about is that the commission should have the ability to file a complaint that is its own motion before the tribunal," he says. There have been cases, he says, where groups of foreign or migrant workers' rights were violated but they did not — for various reasons — file a complaint. Kahlon is hopeful that the spring legislative session will begin the process of establishing the commis- sion. "But it is a new government and a lot of new legislation is being drafted," he says. The report, A Human Rights Commission for the 21st Century, and its complete list of recommendations can be viewed on the B.C. government website. — JEAN SORENSEN Parliamentary Secretary for Sport and Multiculturalism Ravi Kahlon Right-sized Thinking® • 1-800-323-3781 • pallettvalo.com Your Authority For: Business Law • Commercial Litigation • Commercial Real Estate Construction • Insolvency & Corporate Restructuring Employment & Labour • Wills, Estates & Trusts No Matter the Size or Type of Case, We Can Handle It From the complex to the simple; our range of expertise enables us to handle whatever size or type of legal issue you may have. We are committed to providing forward-thinking, flexible legal counsel while maintaining client service excellence. That's what we like to call Right-sized Thinking®. alletValo_CL_Feb_18.indd 1 2018-01-25 7:49 AM

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