Realwomen of BC - Archives - February2006 - Human Rights Commission not needed

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THE REAL NEWS The R.E.A.L WOMEN of BC Newsletter February 2006, P.O. Box 39068, Point Grey RPO, Vancouver, BC V6R 4P1, Tel/Fax: 604- 463-1611, website: http://www.realwomen.bc.ca
Human Rights Commission not needed Not too long ago, the BC government eliminated the Human Rights Commission stating that it overlapped too much with the function of the Human Rights Tribunal. Ever since that time, there has been a push, particularly in some ethnic communities, to reinstate the Human Rights Commission. Human rights activists have brought criticism against the BC government saying that human rights claimants could no longer find justice in a timely fashion. Is such a claim true? According to an independent review of human rights services, the Human Rights Commission was not only inefficient and expensive but created long delays and backlogs. The Commission was function as a gatekeeper and denying many human rights complainants access to a hearing by the Human Rights Tribunal. Apparently only between 10 to 15 percent of cases went to the Human Rights Tribunal while the rest of them never got past the Commissioner. Without the gatekeeper, everyone now has direct access to the Human Rights Tribunal. After filing a complaint, a hearing is usually heard within seven months and a decision usually made three months later. The huge backlog that existed under the Commission has been eliminated. While the Commission existed, complainants only received financial aid and expert assistance when their cases went actually before the Tribunal. It could take up to a year for the Commission to even decide if the case should go further and if the case was blocked, the complainants had to carry all the costs. It seems that British Columbians are in a better place without the Commission. We now have direct access to the Human Rights Tribunal and shorter waiting periods. It is necessary to let our representatives know that we are pleased that the Human Rights Commission was eliminated and that we do not want it back. Whenever voices are heard that the Commission should be brought back, we need to respond and let the public know that, in fact, without the Commission people have easier and direct access to the Human Rights Tribunal. There is still more work to be done though. An overhaul of the Human Rights Tribunal is essential. REAL Women of BC would like to see Rules of evidence for the Tribunal that are the same as for our courts. Procedural time schedules and limits need to be legislated. Rules need to be written for how the members of the Tribunal come to decisions. In short, the tribunal must operate more like the judicial system than it currently does. Also, appointments to the Tribunal should be transparent, publicly decided and approved, and for four years rather than the current six. Appointments should happen at mid term in the provincial legislative cycle.