Jurisdiction and Remedy Powers
The Human Rights Tribunal is a specialized tribunal. More specifically, it is competent to dispose of disputes related to unlawful discrimination (section 10) or harassment (section 10.1) based on variety of grounds set out in the Chartersuch as race, sex, pregnancy, sexual orientation, religion, social condition, handicap or the use of any means to palliate a handicap. It can also hear matters related to the exploitation of aged or handicapped persons (section 48), as well as matters related to affirmative action programs (section 86).
To illustrate, the Charter prohibits distinctions, based on the grounds mentioned, that compromise anyone's right to full and equal enjoyment of various protected rights, including the right to make a juridical act such as a residential lease (section 12), to have access to public transportation or a public place (section 15), or to not suffer discrimination during the hiring process or on the job (section 16).
With regard to harassment, the Tribunal punishes vexatious statements, acts or requests that are related to a prohibited ground of discrimination and are characterized by continuity due to repetition or intrinsic seriousness. In this connection, the Charter prohibits, among other things, inappropriate words or actions related to sex, race or sexual orientation of a person who, despite having expressed her disagreement, suffers injury because the person responsible for the words or actions continues to produce them or because the words or actions, in matters of assault for instance, are particularly harmful. Indeed, in the latter case, the proof of an isolated but serious act can establish the existence of harassment prohibited by the Charter.
Also noteworthy is the fact that the protection the Charter provides against any form of exploitation of aged or handicapped persons due to their particular vulnerability applies as much to material and economic situations as to abuses of moral and psychological nature.
The Charter also binds the State (section 54). Therefore, all of these questions can be brought before the Tribunal, as much in matters of purely private relations between individuals as in disputes related to legislative or governmental activities.
In the event of unlawful interference with any right or freedom protected by the Charter, the Tribunal can order any measure required to make such interference cease and to provide compensation for the moral or material prejudice resulting from it (section 49). More systemic remedies may be added to these individual ones to ensure that the interference identified truly does cease and to prevent its repetition in the future. Unlike other human rights laws in Canada, the Charter does not set a limit on the amount of compensation paid to a victim. When unlawful interference with a protected right is also intentional, punitive damages may be awarded as well.
