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6. Procedures for resolving complaints

From: A policy primer: Guide to developing human rights policies and procedures

A. Description and rationale

The objective of a complaint resolution mechanism is to ensure that human rights issues are brought to the attention of the organization and are appropriately dealt with. A complaint resolution procedure should set out a clear, fair and effective mechanism for receiving and resolving complaints of discrimination and harassment.[15]

4. Preventing, reviewing and removing barriers

From: A policy primer: Guide to developing human rights policies and procedures

The Supreme Court of Canada has made it clear that society must be designed to include all people, including members of a Code-protected group.[10] It is no longer acceptable to structure systems in a way that ignores needs or barriers related to Code grounds. Instead, systems should be designed so they do not create physical, attitudinal or systemic barriers.

Policy on competing human rights

April 2012 - The main goal of this policy is to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. The policy will help various sectors, organizations and individuals deal with everyday situations of competing rights, and avoid the time and expense of bringing a legal challenge before a court or human rights decision-maker. It sets out a process, based in existing case law, to analyze and reconcile competing rights. This process is flexible and can apply to any competing rights claim under the Canadian Charter of Rights and Freedoms, provincial or federal human rights legislation or another legislative scheme.

Appendix D: Case examples for resolving competing rights

From: Policy on competing human rights

Scenario 1: The Prom

Recognizing rights

1. What are the claims about?

Matt’s Claim

Matt is a gay 17-year-old student attending a publicly funded Catholic high school. He wishes to go to the prom with a same-sex date. The prom is being held at a rental hall off school property. He is considering seeking a court injunction because the prom is only weeks away.

Confidentiality and disclosure of information

From: Guidelines on accessible education

When requesting accommodation from an education provider, students (and/or their parent(s)/guardian(s)) have a responsibility to provide sufficient information about their disability-related needs to facilitate the accommodation. Educational services at the lower levels of education are broad and may include cultivating aspects of the student’s development beyond those that are strictly academic.

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