“The SCA notes that the investigation mandate of the CHRC mainly focuses on discriminatory practices in the provision of services. It also notes that the CHRC interprets its mandate broadly and reports that, in practice, its investigation mandate allows it to work on a wide range of rights.
However, the SCA is of the view that the Canadian Human Rights Act (the Act) should enumerate its human rights mandate and functions in a more explicit manner.
An NHRI should be legislatively mandated with specific functions to both promote and protect human rights. Promotion activities are understood to include those functions which seek to create a society where human rights are more broadly understood and respected. Such functions may include education, training, advising, public outreach and advocacy. Protection functions may be understood as those that address and seek to prevent actual human rights violations. Such functions include monitoring, inquiring, investigating, and reporting on human rights violations, and may include individual complaint handling.
The SCA reiterates its recommendation from 2011 and 2016 and recommends that the CHRC advocates for amendments to its Act in order to clearly establish a broad mandate to promote and protect all human rights set out in international, regional and domestic instruments.
The SCA refers to Paris Principle A.3 and to its General Observation 1.2 on ‘Human Rights mandate.’”