that had reasonable
grounds
to believe
that a person had engaged in
discrimination
contrary
to the Act could file a complaint
to the Human Rights
Commission,
which operated
on an independent
basis although
its
member6
were
The Commission
served as an initial
appointed
by the Government.
investigation,
conciliation
and clarification
mechanism to which the parties
Once the Commission
decided to
were given an opportunity
to make submissions.
the Chairman of the Human Right6
refer
a case to a Human Rights Tribunal,
Tribunal
Panel selected
the members of the tribunal
that was to hear the case.
The Panels were selected
on a case-by-case
basis and were independent
of the
The Human Right6 Tribunal
Human Right6 Commission and the Government.
adjudicated the complaint of discrimination
according to a procedure similar
although its rule6 were more informal.
In practice,
the
to that of a court,
Commission on Human Rights usually carried the case of the complainant and
made representations
on his behalf before the Human Rights Tribunal.
Tribunal
orders could be registered
in the Federal Court of Canada and were then
Decisions of the Commission not to refer a case
enforceable as a court order.
to a Tribunal could be appealed against and were subject to judicial
review
again in the Federal Court of Appeal.
53. Referring to questions relating
to the status of the Covenant in domestic
law, the representative
said that each level of Government acting pursuant to
its legislative
authority
was supreme, subject to the Canadian Charter of
Rights and Freedoms. In the case of any conflict
in the area of
implementation of the Covenant between the federal and provincial
legislative
power, the federal legislation
would prevail.
In Canada, international
obligations
and treaties
that might affect private
rights and obligations
were
not self-executing
but required domestic legislation
in order to be given
effect.
Each level of Government had therefore
to act to ensure the full
implementation of all the rights guaranteed by the Covenant in order for those
rights to have effect
at the domestic level.
When Canada ratified
the
Covenant, it reviewed its human rights legislation
to ensure that it complied
with it.
In addition,
a committee of federal,
provincial
and territorial
officials
met twice a year in order to supervise the implementation of
Canada’6 obligation6
under the Covenant.
However, the Charter of Rights and
Freedom6 and the Bill of Rights did not guarantee all the rights enshrined in
the Covenant because the relevant legislative
processes were complicated and 6
number of political
and linguistic
compromises had had to be made.
54. Responding to other questions, he stated that limitations
to the rights
enshrined in the Charter were permissible if their objective
was important
enough to justify
interference
with an individual’6
rights and freedom and if
the mean6 used to achieve that objective
did not have an unnecessarily
harsh
effect on the individual.
Section 52 of the Charter of Right6 and Freedom6 of
the Province of Quebec was currently
being contested in the courts,
While the
Human Bights Act no longer applied to the Yukon, since the territory
had
adopted its own human right6 code and arranged for people to refer complaint6
for decision in the territory,
it continued to apply in the Northwest
Territories.
55.
Responding to questions raised in connection with views adopted by the
Committee under the Optional Protocol,
the representative
explained that after
the Committee had decided, in the Lovelace case, that the provisions of the
Indian Act were discriminatory
and in conflict
with article
21 of the
Covenant, the Government had amended the Act to provide for the reinstatement
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