MLT Alert! Saskatchewan Amends Human Rights Code

The passage of Bill 160 on May 18, 2011 paves the way for a transformation of the human rights system in Saskatchewan. Bill 160 amending The Saskatchewan Human Rights Code (the “Code”), came into force on July 1, 2011.

Here are some important changes that employers should be aware of:

a) Tribunal Eliminated: Complaints will now be heard at the Court of Queen’s Bench, not the Saskatchewan Human Rights Tribunal.

b) One Year Time Restriction for Filing a Complaint: The limitation period for bringing a complaint will now be one year, instead of two. The Chief Commissioner will have discretion to extend this period.

c) Requirement of Sufficient Evidence: Prior to Bill 160 coming into force, a person only needed to believe that reasonable grounds existed to bring a complaint. Now, a person must provide “sufficient evidence” that reasonable grounds exist for believing that someone has contravened the Code when a complaint is brought.

d) Mandatory Mediation: The Commissioner can require parties to enter mandatory mediation before going to court.

e) Obligation of Complainant to Accept Reasonable Offer: If, during the mediation process, an offer that the Commissioner finds fair and reasonable is made to the complainant and rejected, the Commissioner will have the discretion to dismiss the complaint outright.

f) New Rules for Human Rights Exemptions: Section 48 of the Code has been significantly modified. Employers may now implement a "reasonable and justifiable measure" designed to prevent, eliminate or reduce disadvantages for groups who suffer disadvantages based on one or more of the prohibited grounds of discrimination under the Code. These measures may now be undertaken on a permissive basis, removing the old requirement to get a formal exemption from the Commission. Any measures an employer undertakes may be subject to a human rights complaint.

g) Appeals of Commissioners Treatment of Complaint: Appeals of the Commissioner’s treatment of a complaint must be made to the Court of Queen’s Bench (no longer to the Tribunal) at the complainant’s own cost.

These changes are a positive development for employers as they will help prevent frivolous complaints from going forward and encourage settlement through the use of alternative dispute resolution processes as opposed to litigation.

This Alert! is intended for general information only. Please feel free to contact us for additional information on this or any other issue: