Code of Conduct for Members of the Canadian Human Rights Tribunal

This Code of Conduct (the “Code”) establishes general principles of conduct and prescribes expected behaviour of members appointed under section 48.1 of the Canadian Human Rights Act (the “adjudicators”).

The Canadian Human Rights Tribunal (CHRT) is an independent tribunal, whose adjudicators are mandated to resolve matters under the Canadian Human Rights Act, Employment Equity Act, Pay Equity Act and Accessible Canada Act. The Code aims to uphold public confidence in the CHRT’s neutrality and independence, ensuring accessible procedures, as well as fair, transparent and timely decisions. It applies to all adjudicators, including full-time, part-time, temporary and temporary substitute members, the Vice-Chairperson and the Chairperson, starting from the date of their appointment and continuing for the term of their mandate, or until they have completely discharged any post-term statutory duties.

The Code sets out adjudicators’ responsibilities to the CHRT, their colleagues and staff, the parties and witnesses appearing before them, and the public. All adjudicators are expected to follow the Code and agree to comply with its provisions.

The Code should be read alongside relevant laws, guidelines and policies, including the Conflict of Interest Act, Ethical and Political Activity Guidelines for Public Officer Holders  and the applicable policies on media contact, expenses, information access and security.

The Code establishes general principles and may not specifically address all situations. Adjudicators are expected to comply with both the spirit and the letter of the Code and to use good judgment in assessing appropriate conduct.

1. Impartiality and fairness

   • Stay neutral: Treat all parties equally and make decisions based only on evidence and law. Do not let personal beliefs or outside influences affect your decisions.
   • Avoid conflicts of interest: Do not participate in cases where you have a personal interest or connection with anyone involved. If a potential conflict arises, tell the Chairperson, and if needed, tell the parties. In some situations, be prepared to withdraw from the case. Avoid situations likely to create such interests or connections.
   • Avoid appearance of bias: Avoid any actions or statements that could lead a reasonable observer to perceive bias. Avoid situations that might create doubts about your neutrality.

2. Respect and dignity

   • Respect everyone involved: Treat everyone—parties, representatives, witnesses, colleagues and staff—with courtesy and respect.
   • Listen carefully: Give each party a fair chance to present their case. Listen actively, be patient and consider all views.
   • Be sensitive to diversity: Recognize and respect the diversity of people’s backgrounds, languages, and traditions.
   • Ensure respect during hearings: Maintain a respectful atmosphere in hearings. All participants—parties, witnesses and representatives—should be treated courteously and professionally. Address any disrespectful behavior or disruptions promptly to maintain a fair and orderly process.

3. Responsibility to self-represented litigants and accessibility

   • Promote accessibility: Ensure that hearings and procedures are accessible to all individuals. You should ensure that reasonable accommodations are made so that all parties, representatives and witnesses can fully and fairly participate in the process.

4. Professionalism and integrity

   • Follow the rules and procedures: Ensure you know and follow the laws, rules and guidelines that apply to your work.
   • Act with honesty and integrity: Be truthful, avoid any behavior that could be seen as dishonest or biased and never accept gifts or favors that could affect your judgment.
   • Maintain confidentiality: Keep case information private. Only share information for CHRT purposes, with those who are allowed to know, and only as permitted by law.
   • Do not engage with the media: You must not speak to the media about cases, decisions, or any matters related to your work. Media inquiries should be directed to the designated CHRT media contact to ensure consistent and impartial communication.

5. Competence and diligence

   • Stay informed and prepared: Keep up with changes in relevant legislation, case law and best practices by participating in any ongoing training and professional development that is offered.
   • Be prepared and organized: Review all necessary documents and be ready to conduct case management conferences, mediations and hearings efficiently and fairly.
   • Work efficiently: You should manage your time effectively to ensure cases are heard in a timely manner. Delays should be minimized and work should be completed in accordance with deadlines established under the Canadian Human Rights Tribunal Rules of Procedure, 2021.
   • Maintain collegiality: Foster a cooperative and respectful working environment with colleagues and staff. Share knowledge and collaborate, to the extent permitted by law, to ensure the effective functioning of the CHRT.
   • Use proportionality in decision-making: Procedural choices, time and resource allocation, should reflect the complexity of the matter at hand and, where applicable, its importance to the proceeding as a whole.
   • Write concisely and in plain language: Decisions should be clear, concise and easy to understand. Avoid unnecessary legal jargon and ensure that the reasoning and conclusions are accessible to all parties, including those without legal representation.

6. Accountability and transparency

   • Give clear reasons for decisions: Write or explain decisions in a way that is clear, easy to understand and based on the evidence and law. Ensure the unsuccessful party is able to clearly understand from the reasons why their position was not accepted.
   • Be open to feedback: Participate in member training and professional development opportunities and be willing to improve your work.

7. Social media use

   • Be careful with public posts: Avoid posting or sharing content that could be seen as biased, disrespecful or inappropriate, especially on topics related to your work. What you post could impact public trust in your neutrality and fairness and in that of the CHRT.
   • Do not discuss cases: Never post about specific cases, parties or individuals involved in your work, even after a case has concluded. Keep all case information private, save for actions taken in your adjudicative capacity.
   • Separate personal and professional identities: If you use social media for personal purposes, make it clear that your views are your own and do not represent the CHRT. Avoid activities that might connect your private social media use with your professional role.

8. Administration of the Code

   • Interpretation: The Chairperson is responsible for interpreting and applying the Code.
   • Complaints and investigations: If a complaint alleging a breach of the Code is submitted, the Chairperson will investigate and may report back to the person who raised the issue if appropriate.
   • Notification and response: If, following her investigation, the Chairperson is of the opinion that a possible breach of the Code has occurred, the Chairperson will notify the adjudicator and allow them to respond to the allegation and any proposed actions.
   • Consequences for breaches: If the Chairperson finds a breach, she will decide what to do next, considering factors like whether the breach was accidental or done in good faith. Possible actions may include a letter of expectation, required training, revocation of case assignments, rescinding permission under section 48.2(2) of the Canadian Human Rights Act or, in the most serious circumstances, referring the matter to the Minister of Justice.