Chairperson Role
This Tribunal is the administrative body that hears complaints of discrimination. CHRT does not advocate rights as does the Canadian Human Rights Commission. The Chairperson of CHRT is akin to a Chief Justice in the court system, who manages the adjudicative work of the CHRT and supervises the other adjudicators appointed as Governor in Council (GIC) Members to CHRT. CHRT is a quasi-judicial independent body.
Vision - Access to Restorative Justice
The Outline of her Adjudication Vision to Serve Canadians was:
“Access to Justice for All Canadians with a View to Restorative Justice – Can the Dream Be Realized? Recent CHRT Initiatives to Facilitate the Same”Oct 20, 2011"
Paper Presented at Members’ Session – Ottawa - See Annual Report 2011 and Annual Report 2010
She also wrote a number of papers on Access to Justice and presented at Legal Conferences.
“Access to Justice for All Canadians with a View to Restorative Justice – Can the Dream Be Realized? Recent CHRT Initiatives to Facilitate the Same”Oct 20, 2011"
Paper Presented at Members’ Session – Ottawa - See Annual Report 2011 and Annual Report 2010
She also wrote a number of papers on Access to Justice and presented at Legal Conferences.
She Kept Her Promise to Canadians - Access To Restorative Justice
As Former Chairperson Canadian Human Rights Tribunal, Ms. Chotalia received Unanimous All Party Endorsement from
the House of Commons Justice Committee on her appointment. She promised Canadians in the House of Commons:
"...I hope to search for ways to improve the efficiency of the hearing process to enable complainants and respondents to
access justice in a timely fashion. Indeed, I am seeking to reach out to lawyers, law schools, and stakeholders in
the process to develop strategies." (Nov 18, 2009)
She implemented her promise as documented in the Annual Reports of the Canadian Human Rights Tribunal for the years 2011 and 2012: 2011 CHRT Annual Report & 2011 CHRT Annual Report-French 2010 CHRT Annual Report:
Through consultations with Canadians, she evolved the hearing system to what it is today: a voluntary customized process examining each case on its own merits using a range of hearing processes to meet the needs of the parties. She offered parties options ranging from interest based mediation to a mini-trial; a non-binding evaluation of the strengths and weaknesses of the case by a Member to a combination of mediation and adjudication, even during a hearing. These were the results over 2 years:
- 94% Satisfaction of parties to voluntary Customized Mediation
- of New Cases 80% were resolved within 1 year using my new access to justice model (faster, fairer, and cheaper)
(DPR 2010-2011)
- 70%-80% of complaints were Voluntarily Resolved by the parties using my New Process designed to provide the parties emotional Closure with less legal costs. This also resulted in significant cost savings to the Tribunal and to the justice system
and taxpayers
- Cleared the backlog of cases in spring of 2010
- Innovated process mediation to narrow the issues so that parties can have a focused and fair hearing that does not run for years.
the House of Commons Justice Committee on her appointment. She promised Canadians in the House of Commons:
"...I hope to search for ways to improve the efficiency of the hearing process to enable complainants and respondents to
access justice in a timely fashion. Indeed, I am seeking to reach out to lawyers, law schools, and stakeholders in
the process to develop strategies." (Nov 18, 2009)
She implemented her promise as documented in the Annual Reports of the Canadian Human Rights Tribunal for the years 2011 and 2012: 2011 CHRT Annual Report & 2011 CHRT Annual Report-French 2010 CHRT Annual Report:
Through consultations with Canadians, she evolved the hearing system to what it is today: a voluntary customized process examining each case on its own merits using a range of hearing processes to meet the needs of the parties. She offered parties options ranging from interest based mediation to a mini-trial; a non-binding evaluation of the strengths and weaknesses of the case by a Member to a combination of mediation and adjudication, even during a hearing. These were the results over 2 years:
- 94% Satisfaction of parties to voluntary Customized Mediation
- of New Cases 80% were resolved within 1 year using my new access to justice model (faster, fairer, and cheaper)
(DPR 2010-2011)
- 70%-80% of complaints were Voluntarily Resolved by the parties using my New Process designed to provide the parties emotional Closure with less legal costs. This also resulted in significant cost savings to the Tribunal and to the justice system
and taxpayers
- Cleared the backlog of cases in spring of 2010
- Innovated process mediation to narrow the issues so that parties can have a focused and fair hearing that does not run for years.
Parties & Taxpayers Benefitted
Canadians from all walks of life, unions, and employers benefitted from this customized procedure. Parties were able to achieve emotional closure to issues that violated their dignity without expending large amounts of money on legal resources.
There were also benefits to taxpayers:
"It’s estimated that the Tribunal’s successful mediation model avoided an estimated 41 weeks of hearings and saved at
least $300,000 in costs. The entire justice system has realized significant efficiencies. More importantly, the parties
have realized substantial savings, and have experienced restorative healing and emotional benefits that cannot be quantified
in dollar terms."
CHRT Annual Report, 2011, p. 11
"We estimate that the settlement of these cases through evaluative mediation saved the Tribunal and the parties
about 41 weeks of hearings, which translates into cost savings of approximately $390,000.00 in total."
CHRT Annual Report, 2010, p. 3
(CHRT had a small budget of about 4 million dollars)
Further details are outlined in the annual reports: 2011 CHRT Annual Report, 2011 CHRT Annual Report-F2010, CHRT Annual Report, 2009 CHRT Annual Report.
There were also benefits to taxpayers:
"It’s estimated that the Tribunal’s successful mediation model avoided an estimated 41 weeks of hearings and saved at
least $300,000 in costs. The entire justice system has realized significant efficiencies. More importantly, the parties
have realized substantial savings, and have experienced restorative healing and emotional benefits that cannot be quantified
in dollar terms."
CHRT Annual Report, 2011, p. 11
"We estimate that the settlement of these cases through evaluative mediation saved the Tribunal and the parties
about 41 weeks of hearings, which translates into cost savings of approximately $390,000.00 in total."
CHRT Annual Report, 2010, p. 3
(CHRT had a small budget of about 4 million dollars)
Further details are outlined in the annual reports: 2011 CHRT Annual Report, 2011 CHRT Annual Report-F2010, CHRT Annual Report, 2009 CHRT Annual Report.
What Canadians Said About Ms. Chotalia's First National CHRT Consultations
"During the Winnipeg consultation, I was impressed by both the conduct of the consultation and the work of the Tribunal as
presented. Ms Chotalia was open to constructive criticism. She was genuinely concerned about the needs of Canadians,
and how she could make the justice system more accessible to them. She implemented the new access to justice model
with the support of lawyers and human rights advocates, such as myself. She also obtained the support and congratulations
of administrative and employment law groups across Canada, and that of Deans of Law and law professors in Manitoba,
Ontario, Nova Scotia, New Brunswick, Alberta, British Columbia, and Quebec. Her customized access process is designed to
provide the parties with emotional closure to their cases with significantly less legal costs than under the
old system. .....Ms. Chotalia, it was apparent to me, was motivated profoundly to serve the best interests of
Canadians. I value the hard work she did and hope that this work will continue to serve Canadians."
Human Rights Lawyer - David Matas
presented. Ms Chotalia was open to constructive criticism. She was genuinely concerned about the needs of Canadians,
and how she could make the justice system more accessible to them. She implemented the new access to justice model
with the support of lawyers and human rights advocates, such as myself. She also obtained the support and congratulations
of administrative and employment law groups across Canada, and that of Deans of Law and law professors in Manitoba,
Ontario, Nova Scotia, New Brunswick, Alberta, British Columbia, and Quebec. Her customized access process is designed to
provide the parties with emotional closure to their cases with significantly less legal costs than under the
old system. .....Ms. Chotalia, it was apparent to me, was motivated profoundly to serve the best interests of
Canadians. I value the hard work she did and hope that this work will continue to serve Canadians."
Human Rights Lawyer - David Matas
What Members Said About Ms. Chotalia's Leadership
Ms. Chotalia Built an Effective and Focussed Adjudicative Team and a diverse and representative workforce (eg:
First First Nations Executive Director, First Female Francophone Executive Director) who worked hard with her to
deliver on the Vision. Ms. Chotalia managed and motivated part-time and full-time Members and gained their commitment to
the Vision through regular bi-lateral meetings and team training sessions. She provided leadership and team
building initiatives to the executive cadre.
"My three-year term as part-time Member of the Tribunal ended in December 2010, just a few months before my 80th
birthday. I had not considered requesting a further term until Chairperson Chotalia engaged me in a discussion over
her objectives for the Tribunal; that all Canadians be given better access to justice, particularly by quickening the process
to inquiries and making mediations more effective by adding evaluation to the mediator’s role. The Chairperson’s
determination to succeed persuaded me to request another term of three years, which I have been granted. I
believe that what Chairperson Chotalia is doing will ensure meaningful access to justice for all Canadians and I look forward
to assisting her in every way I can."
Wallace Craig, Part-time Member, CHRT CHRT Annual Report, 2011, p. 12
"It is my pleasure to have known and worked with Shirish Chotalia at the Canadian Human Rights Tribunal for almost three
years. When Shirish became Chair of the Tribunal, she made a point of reaching out to all of the part-time members, including
myself, to form a personal and professional relationship. She has been very supportive in encouraging me and my colleagues
at the Tribunal to provide her with our insights, advice and support. Reciprocally, she has provided us with her support,
loyalty, encouragement and guidance.
Shirish has worked tirelessly as Chair to improve the Tribunal. Her efforts in connecting with various groups across the
country to inform them about the Tribunal and to receive their feedback has produced a number of positive results. Her efforts
to improve the mediation process in order to streamline and expedite cases, cut costs and restore relationships has led to the
successful early conclusion to many cases that would have otherwise dragged on with unproductive, costly, fractious and
uncertain outcomes for the participants. Above all, her efforts to provide enhanced access to justice for
Canadians seeking redress through the Federal human rights process has also resulted in many successes that are
documented in the Tribunal's annual reports.
I will always fondly remember her efforts to bring all of the members of the Tribunal from across the country together last
October for an educational and social gathering. Shirish graciously provided her own home to the
members and personally prepared a sumptuous brunch before we had a very productive and successful meeting. She
arranged for an official swearing in of members, including myself, with inspirational commentary. The meeting was fun,
informative and educational...."
Ed Lustig, Part-Time CHRT Member (Aug 3, 2012)
"The most rewarding part of my work is being in contact with the parties and being able to listen with compassion to
their views on the suffering they feel they endured. It gives a humanized approach that reflects what human rights are all
about."
Sophie Marchildon, Full-time Member, CHRT CHRT Annual Report, 2011, p. 12
First First Nations Executive Director, First Female Francophone Executive Director) who worked hard with her to
deliver on the Vision. Ms. Chotalia managed and motivated part-time and full-time Members and gained their commitment to
the Vision through regular bi-lateral meetings and team training sessions. She provided leadership and team
building initiatives to the executive cadre.
"My three-year term as part-time Member of the Tribunal ended in December 2010, just a few months before my 80th
birthday. I had not considered requesting a further term until Chairperson Chotalia engaged me in a discussion over
her objectives for the Tribunal; that all Canadians be given better access to justice, particularly by quickening the process
to inquiries and making mediations more effective by adding evaluation to the mediator’s role. The Chairperson’s
determination to succeed persuaded me to request another term of three years, which I have been granted. I
believe that what Chairperson Chotalia is doing will ensure meaningful access to justice for all Canadians and I look forward
to assisting her in every way I can."
Wallace Craig, Part-time Member, CHRT CHRT Annual Report, 2011, p. 12
"It is my pleasure to have known and worked with Shirish Chotalia at the Canadian Human Rights Tribunal for almost three
years. When Shirish became Chair of the Tribunal, she made a point of reaching out to all of the part-time members, including
myself, to form a personal and professional relationship. She has been very supportive in encouraging me and my colleagues
at the Tribunal to provide her with our insights, advice and support. Reciprocally, she has provided us with her support,
loyalty, encouragement and guidance.
Shirish has worked tirelessly as Chair to improve the Tribunal. Her efforts in connecting with various groups across the
country to inform them about the Tribunal and to receive their feedback has produced a number of positive results. Her efforts
to improve the mediation process in order to streamline and expedite cases, cut costs and restore relationships has led to the
successful early conclusion to many cases that would have otherwise dragged on with unproductive, costly, fractious and
uncertain outcomes for the participants. Above all, her efforts to provide enhanced access to justice for
Canadians seeking redress through the Federal human rights process has also resulted in many successes that are
documented in the Tribunal's annual reports.
I will always fondly remember her efforts to bring all of the members of the Tribunal from across the country together last
October for an educational and social gathering. Shirish graciously provided her own home to the
members and personally prepared a sumptuous brunch before we had a very productive and successful meeting. She
arranged for an official swearing in of members, including myself, with inspirational commentary. The meeting was fun,
informative and educational...."
Ed Lustig, Part-Time CHRT Member (Aug 3, 2012)
"The most rewarding part of my work is being in contact with the parties and being able to listen with compassion to
their views on the suffering they feel they endured. It gives a humanized approach that reflects what human rights are all
about."
Sophie Marchildon, Full-time Member, CHRT CHRT Annual Report, 2011, p. 12