News Releases

News Release - Manitoba

March 10, 2020

Manitoba Introduces Legislation That Would Clarify Scope of Tribunals, Improve Timeliness of Reviews of Human Rights Complaints



The Manitoba government has introduced two pieces of legislation that would clarify and streamline the work of important decision-making bodies, with the goal of providing more timely access for Manitobans, Justice Minister Cliff Cullen announced today.

The administrative tribunal jurisdiction act would allow government to determine which have the authority to hear constitutional and charter issues, recognizing these decisions require specialized expertise.  

“Administrative tribunals are important decision-making bodies, responsible for a broad range of issues that affect Manitobans’ lives,” said Cullen.  “However, it is inefficient and impractical for all of them to make decisions on complex constitutional matters.  This legislation would allow government to clarify roles, ensuring all administrative tribunals can provide more timely decisions for Manitobans in their areas of expertise.”

There are dozens of administrative tribunals in Manitoba, responsible for making decisions on a broad range of matters.  This includes the Residential Tenancies Commission, which hears disputes between landlords and tenants; the Automobile Injury Compensation Appeal Commission, which hears complaints about payments for bodily injuries paid by Manitoba Public Insurance; and the Judicial Council, which hears charges of misconduct involving provincial court judges.

The minister noted it would be inefficient for all tribunals to hear constitutional issues, as the need to access external legal expertise or provide members with the necessary legal background could add significant delays and costs.  

Following a legal review and analysis, the province would determine which administrative tribunals would have jurisdiction to decide questions of constitutional law and formalize this approach in regulation.  Alberta and British Columbia have similar legislation in place to clarify which tribunals can hear constitutional issues.

The second piece of legislation introduced today is The Human Rights Code Amendment Act.  It builds on an independent review of the Manitoba Human Rights Commission and the Manitoba Human Rights Adjudication Panel and its recommendations to address complaints in a more timely and efficient manner.

The amendments would empower the commission to make decisions sooner by allowing the commission’s executive director to dismiss complaints, including those outside its jurisdiction, and to decline to investigate complaints that are being adequately addressed in another forum.  The process for adjudication would be improved by giving adjudicators the authority to mediate complaints and setting time limits to ensure the adjudicators’ hearings and decisions are timely.

The changes would also set the maximum financial award for injury to dignity, feelings or self-respect stemming from a human rights complaint at $25,000.  There would continue to be no cap on other compensation dealing with lost wages, income or benefits and existing caps on financial penalties related to malicious or reckless actions remain in place.

“Our government is taking steps to respond to the independent review of the commission and adjudication panel,” said Cullen. “In the past, it has sometimes taken years for a human rights complaint to come to a conclusion.  These amendments will help ensure Manitobans who file a human rights complaint can be confident their matter will be handled in a fair and timely way.”  

The independent review of the Manitoba Human Rights Commission and the Manitoba Human Rights Adjudication Panel is available at www.manitoba.ca/openmb/infomb/departments.html under Manitoba Justice.

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