HR-3210 Lecture Notes - Lecture 3: Equal Opportunity, Alternative Dispute Resolution
25 Jun 2018
School
Department
Course
Professor
Human Rights Institutions !
Lecture Three
Process: When HR rights are broken, what do we do.
Complaint alleged ---> Case initiated!
1. No reasonable Grounds | Dismissed | Judicial Review!
2. Reasonable Grounds | Mediation & Investigation | Successful … Settlements OR
Unsuccessful … More Courts
#Recognizing Competing Claims: Start off with a process, provincial courts,
supreme courts - review and appeal processes.
#Reconciling Competing Claims: When you go into a judicial process, you say one
thing but your mind expects another. If these differences are overcome we can
proceed to the new stage.
#Decision: At this stage the tribunal releases a decision which much be consistent
with human rights, other laws and with previous decisions of superior codes.
This shows..
1. No right is an absolute right. (RV mills).
2. No hierarchy or superiority of rights - therefore a balancing act needs to be
performed.
3. Rights may not extend as far as they are claimed.
!
This forces us to look at “balancing tools” used to combat human rights claims:
#The first few you can find in the HR code…
○Preamble - offers you initial guidance for balancing, provides you with four
key principles.
1
Document Summary
Process: when hr rights are broken, what do we do. Complaint alleged ---> case initiated: no reasonable grounds | dismissed | judicial review, reasonable grounds | mediation & investigation | successful settlements or. # recognizing competing claims: start off with a process, provincial courts, supreme courts - review and appeal processes. # reconciling competing claims: when you go into a judicial process, you say one thing but your mind expects another. If these differences are overcome we can proceed to the new stage. # decision: at this stage the tribunal releases a decision which much be consistent with human rights, other laws and with previous decisions of superior codes. No right is an absolute right. (rv mills): no hierarchy or superiority of rights - therefore a balancing act needs to be performed. Rights may not extend as far as they are claimed. This forces us to look at balancing tools used to combat human rights claims:
