Moving Forward
On February 27, government announced plans to modernize the way the Nova Scotia Human Rights Commission protects the rights of Nova Scotians and administers the province’s human rights complaints process. This comes in response to calls for improvement.
The human rights landscape in Canada and internationally has never been more complex, and the systems and institutions that administer human rights law are more important than ever.
We have heard from members of the public that they are concerned about timelines and access to justice. We share these concerns and welcome government's commitment to strengthening our ability to respond to the evolving needs of an increasingly diverse society.
The models of human rights bodies across Canada vary. In Nova Scotia, the Human Rights Commission administers the province’s Human Rights Act through a dual mandate: to protect human rights using a dispute resolution process, and to promote and advance human rights through education and engagement. The former is the direct result of the advocacy, activism and leadership of African Nova Scotians who fought to have their rights, and the rights of others protected by law. The latter – the mandate to raise awareness and understanding of human rights – is the result of the Donald Marshall Jr. Inquiry, and the assertion that to prevent acts of discrimination, Nova Scotians must understand that all people are equal in dignity and rights.
This approach is distinctly Nova Scotian, knitting African Nova Scotian and L’nu communities into the Commission’s DNA. It is from this foundation that we seek to modernize the Commission to ensure that human rights protections keep pace with contemporary demands. Looking back – the Commission has changed quite a lot over the years. Having been established in 1967, it is natural and necessary for us to continue to evolve. A timeline includes:
- 1963: Nova Scotia passed the Human Rights Act
- 1967: The Nova Scotia Human Rights Commission is established to administer the Act.
- 1982: Source of Income added as a protected characteristic
- 1991: The Human Rights Act undergoes major revisions adding the Race Relations and Affirmative Action Division, as well as the protected characteristics: Aboriginal Origin, Age, Family Status (the status of being in a parent and child relationship), Irrational Fear of Contracting an Illness, Marital Status, Political Affiliation, Sex, Pregnancy, Sexual Harassment, Sex (Sexual Orientation).
- 1998: The Commission obtains a regulation enhancing its enforcement powers by allowing the Human Rights Commission to register Board of Inquiry monetary orders with the Supreme Court.
- 2008: Several amendments are made to the Nova Scotia Human Rights Act: i) Harassment is included as a prohibited form of discrimination; ii) Race Relations and Affirmative Action Division is renamed Race Relations, Equity and Inclusion; iii) a one-year time limitation is introduced for claims of discrimination.
- 2012: Amendments add Gender identity and gender expression as protected characteristics to the Human Rights Act.
- 2025: Government announces intention to modernize the Act and Commission through reforms.
The process to modernize the Commission will require collaboration with the Commission team, Commissioners, colleagues in government and most importantly, the individuals and communities we serve.
The Commission has been deeply committed to improving its service delivery to Nova Scotians. In recent years we have invested in learning and development to build capacity in our team. We have engaged in an extensive business process improvement initiative, created an early resolution program, and made numerous enhancements to our structure, procedures, and the way we do business. This work is outlined in the Commission’s business plans and annual reports. While these enhancements have helped, it has become increasingly clear that factors beyond our control must also be addressed.
My team and I look forward to working closely with government to build a stronger, more responsive commission, ensuring we uphold the principles of justice, equity and inclusion for everyone in our province. While we are focussed on the Commission’s future, there will be no interruption in our service to the public.
The preceding is a statement from Joseph Fraser, Director & CEO of the Nova Scotia Human Rights Commission.