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Larose v. Chief Commissioner of the Canadian Human Rights Commission et al. - 2006 PSST 0001 - 2006-05-26

THE CHIEF COMMISSIONER OF THE CANADIAN HUMAN RIGHTS COMMISSION Respondent AND OTHER PARTIES Matter: Request for order for provision of information   [...]  Larose v. Chief Commissioner of the Canadian Human Rights Commission et al. Neutral Citation: 2006 PSST 0001 Reasons for Decision   [...]  Marie-Claude Larose and the Chief Commissioner of the Canadian Human Rights Commission et al. Hearing: Written request decided without the appearance of the parties

Chow v. Treasury Board (Statistics Canada) - 2006 PSLRB 112 - 2006-10-13

Investigation of the grievor’s human rights complaint by the CHRC [84] In a second passage of her written submissions, the grievor offers comments that appear to impugn the CHRC’s investigation of her human rights complaint.   [...]  ”? b. Do the grievances reveal human rights issues as their subject matter? [104] On their face, none of the grievances in these cases are expressed in a fashion that obviously suggests a human rights issue.   [...]  She also stated that they relate to a human rights issue, not that they “may relate” or “relate in part” to a human rights issue.

Treasury Board v. Public Service Alliance of Canada - 2017 PSLREB 11 - 2017-01-26

29 Ms. Shatford also spoke about the issue of the senior human resources assistant potentially exercising the right to run for and gain office with the bargaining agent, which could require removing the senior human resources assistant from any discussions and denying the assistant access to information that might give him   [...]  It has not been established that a conflict of interest exists for the senior human resources assistant. I agree that, while the senior human resources assistant may be privy to sensitive information, the balance tips in favour of continued membership in the bargaining unit and potentially exercising the right to   [...]  52 The applicant has the right to assign duties and responsibilities to the senior human resources assistant and to locate him or her where it deems appropriate and necessary.

Audate and Treasury Board (Veterans Affairs Canada) - 1999-05-20

Most bargaining agents have shown fierce vigilance in defending the rights of their members in the area of discrimination. Weber, rendered in 1995 by the Supreme Court, granted arbitrators the power and jurisdiction to decide all questions relating to human rights entrenched in the Charters.   [...]  10. In Cooper v. Canada (Canadian Human Rights Commission) [1996] 3 S.C.R. 854, the Supreme Court of Canada considered the jurisdiction of the Commission to decide questions of general law.   [...]  As indicated previously, the Tribunal [Canadian Human Rights] is also afforded broad remedial powers pursuant to subsection 53(2) of the CHRA.

Melançon et al. v. Treasury Board and the Department of Industry, the Department of Health and the Canadian International Development Agency - 2010 PSLRB 20 - 2010-02-05

They filed identical complaints with the Canadian Human Rights Commission (CHRC), under sections 7, 10 and 11 of the Canadian Human Rights Act (CHRA) on November 25, 2004.   [...]  Where there is a conflict between human rights legislation and any other legislation of general application, the human rights law will prevail.   [...]  Human rights legislation is intended to give rise, amongst other things, to individual rights of vital importance, rights capable of enforcement, in the final analysis, in a Court of law.

Lovell and Panula v. Canada Revenue Agency - 2010 PSLRB 91 - 2010-08-20

210. (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission.   [...]  PRIMACY OF HUMAN RIGHTS LEGISLATION 7. By imposing the ITPR process pursuant to the CRAA, the Employer is attempting to [extract] itself from its obligations under the Canadian Human Rights Act.   [...]  Both have the option of submitting a complaint to the Canadian Human Rights Commission. On this point, it should be noted that Mr. Panula has submitted a complaint to the Canadian Human Rights Commission.

Forster v. Canada Revenue Agency - 2006 PSLRB 72 - 2006-06-07

the collective agreement authorizes leave for the grievor to represent and assist a fellow employee for a human rights mediation. [3] The grievor seeks payment of wages for the unpaid time she spent working through the right to refuse process and for the time she represented the other employee in the human rights matters.   [...]  In the fall of 2001, another employee was involved with a human rights complaint against the employer and the grievor was assisting this employee.   [...]  [34] With regards to whether the grievor was “representing the Alliance” when she assisted a complainant in human rights mediation, the evidence is that the Alliance was not a party, interested party or intervener before the Canadian Human Rights Commission.

Haynes v. Treasury Board (Canada Border Services Agency) - 2013 PSLRB 85 - 2013-07-23

It also gave notice to the Canadian Human Rights Commission (CHRC) that the grievor had the intent to raise an issue involving the interpretation or application of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (“the CHRA”).   [...]  Surely it cannot have been the intention of Parliament to enforce human rights obligations only in cases of appointments of four months or more, leaving those of shorter duration open to human rights abuses.   [...]  This is where the whole issue of the [adjudicator]’s jurisdiction over matters of human rights comes into play, since reasons related to human rights are the only ones alleged by the grievor.

McConnell v. Professional Institute of the Public Service of Canada - 2005 PSLRB 140 - 2005-09-13

At the time, the PIPSC had a policy of not representing members who file human rights complaints. It assisted them in preparing the original complaint and provided some strategic advice from time to time, but it did not represent its members before the Canadian Human Rights Commission or the Canadian Human Rights Tribunal.   [...]  1. human rights complaints against CCRA; 2. problems with workers compensation; and   [...]  [24] In her complaint, the complainant also refers to requests made to the PIPSC to represent her in Federal Court proceedings related to her human rights complaint, requests that were made “recently”. However, these proceedings relate to the original human rights complaint that the PIPSC refused to represent her on.

De Franco v. House of Commons - 2010 PSLRB 69 - 2010-05-21

12 On July 12, 2007, Mr. De Franco made a human rights complaint with the Canadian Human Rights Commission (CHRC).   [...]  That decision held that human rights complaints must be dealt with under the Parliamentary Employee Staff Relations Act (the “PESRA”).   [...]  He grieved “… a violation of my Canadian Human Rights and any other relevant articles…” of the collective agreement.

Sidhu v. Treasury Board (Correctional Service of Canada) - 2008 PSLRB 25 - 2008-04-22

17 Counsel for the employer argued that since the bargaining agent is relying on clause 37.01 of the collective agreement, a complaint should have been filed with the Canadian Human Rights Commission, which would then determine whether to “kick back” the complaint under section 41 of the Canadian Human Rights Act. That in   [...]  8. Everyone has the right to be secure against unreasonable search or seizure. 9. Everyone has the right not to be arbitrarily detained or imprisoned.   [...]   its legislative powers, another redress mechanism to deal with human rights issues. If the grievance at hand does indeed raise human rights issues, prior Board jurisprudence dictates that he should have availed himself of his rights under the Canadian Human Rights Act, as “another administrative process for redress.”

Boutilier and Treasury Board (Natural Resources) - 1997-06-04

The human rights issue in this case is that the employee benefit in question i.e. marriage leave would be available to a heterosexual employee.   [...]  The Canadian Human Rights Act is a federal Act. It is binding on the federal tribunals.   [...]   to the Canadian Human Rights Act referred to earlier, the Federal Court in Nielsen v. Canada (Human Rights Commission), 95 CLLC 230-021 at 145,214/5, has previously ruled that, as of 6 August 1992, sexual orientation had to be read into section 3 of the Canadian Human Rights Act as a prohibited ground of discrimination.

Remtulla v. Treasury Board (Public Health Agency of Canada) - 2013 PSLRB 132 - 2013-10-29

5 As the grievor also alleged a breach of the Canadian Human Rights Act, R.S.C. 1985, c. H-6 (CHRA), she filed a notice with the Canadian Human Rights Commission (CHRC) pursuant to subsection 210(1) of the PSLRA, which reads as follows:   [...]  In practical terms, where an employee alleges discrimination in a factual context that falls within s. 209(1), the claim could be pursued either by way of adjudication under the PSLRA, or by way of a human rights complaint under the Canadian Human Rights Act (the “CHRA”).   [...]  In such circumstances, the employee may file a human rights complaint with the Commission, to be processed under the CHRA.