Section 48.3 Canadian Human Rights Act
Section 48.3 Canadian Human Rights Act 1985 is about Remedial and disciplinary measures. It is under Canadian Human Rights Tribunal of Part III (Discriminatory Practices and General Provisions) of the Act.
Remedial and disciplinary measures
(1) The Chairperson of the Tribunal may request the Minister of Justice to decide whether a member should be subject to remedial or disciplinary measures for any reason set out in paragraphs (13)(a) to (d).
Measures
(2) On receipt of the request, the Minister may take one or more of the following measures:
(a) obtain, in an informal and expeditious manner, any information that the Minister considers necessary;
(b) refer the matter for mediation, if the Minister is satisfied that the issues in relation to the request may be appropriately resolved by mediation;
(c) request of the Governor in Council that an inquiry be held under subsection (3); or
(d) advise the Chairperson that the Minister considers that it is not necessary to take further measures under this Act.
Appointment of inquirer
(3) On receipt of a request referred to in paragraph (2)(c), the Governor in Council may, on the recommendation of the Minister, appoint a judge of a superior court to conduct the inquiry.
Powers
(4) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to
(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
(b) administer oaths and examine any person on oath.
Staff
(5) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, and may establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
Inquiry in public
(6) Subject to subsections (7) and (8), an inquiry shall be conducted in public.
Confidentiality of inquiry
(7) The judge may, on application, take any appropriate measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that
(a) there is a real and substantial risk that matters involving public security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
Confidentiality of application
(8) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (7).
Rules of evidence
(9) In conducting an inquiry, the judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that the judge considers credible or trustworthy in the circumstances of the case.
Intervenors
(10) An interested party may, with leave of the judge, intervene in an inquiry on any terms and conditions that the judge considers appropriate.
Right to be heard
(11) The member who is the subject of the inquiry shall be given reasonable notice of the subject-matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.
Report to Minister
(12) After an inquiry has been completed, the judge shall submit a report containing the judge’s findings and recommendations, if any, to the Minister.
Recommendations
(13) The judge may, in the report, recommend that the member be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the member
(a) has become incapacitated from the proper execution of that office by reason of infirmity;
(b) has been guilty of misconduct;
(c) has failed in the proper execution of that office; or
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office.
Transmission of report to Governor in Council
(14) When the Minister receives the report, the Minister shall send it to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the member without pay, remove the member from office or impose any other disciplinary measure or any remedial measure.
See also:
– Section 48.1 Canadian Human Rights Act (Establishment of Canadian Human Rights Tribunal)
– Section 48.2 Canadian Human Rights Act (Terms of office)
