Restraining Equality

The authors blend public policy analysis,historical research, and legal analysis as they address the contemporary financial, social, legal, and policy pressures currently experienced by human rights commissions across Canada.

R. BRIAN HOWE and DAVID JOHNSON are professors in the Department of Politics, Government, and Public Administration at University College of Cape Breton, Nova Scotia.

Acknowledgments

xi

Introduction

xiii

The Evolution of Human Rights Legislation

3

(34)

Ground Zero

3

(3)

Pioneering Legislation

6

(3)

The Dawn of Human Rights Commissions

9

(3)

Expansionary Developments: Legislative Change

12

(10)

Expansionary Developments: Judicial Interpretation

22

(3)

Why Human Rights Legislation?

25

(12)

The Public Administration of Human Rights

37

(33)

Commission Foundations: The Institutional Perspective

37

(2)

Human Rights Commissions and Institutional Design: The Critique of the Courts

39

(3)

The Administrative Rationale for Human Rights Commissions

42

(2)

The Legal Rationale for Human Rights Commissions

44

(4)

The Organizational Design of Commissions

48

(1)

General Agency Structure

49

(3)

Organizational Design and Procedure: The Ontario Model

52

(1)

Commission Structure

52

(2)

Case Procedure

54

(4)

Organizational Design and Procedure: The Federal Model

58

(3)

Organizational Design and Procedure: The Quebec Model

61

(4)

Organizational Design and Procedure: The British Columbia Model

65

(3)

Conclusion: Administrative Options, Legal Constraints

68

(2)

Fiscal Restraint

70

(31)

Expanding Commission Workloads

71

(4)

The Contraction of Resources

75

(4)

The Impact of Restraint

79

(3)

Variations in Restraint

82

(2)

Revenue Availability

84

(1)

The Size of Minorities

84

(2)

Interest Group Pressures

86

(3)

Administrative Structure

89

(1)

Women in Power

90

(1)

Political Party in Office

91

(4)

Why Human Rights Restraint?

95

(6)

Coping with Restraint

101

(34)

The Context of Contemporary Rights Administration

101

(2)

The Reconfiguration of Public Administration: Reinvention or Reform?

103

(3)

Human Rights Commissions and Reinvention

106

(1)

Human Rights Commissions: Coping with Restraint

107

(2)

Rethinking Case Management

109

(3)

Case Screening

112

(1)

Investigation and Conciliation

113

(2)

Caseflow and Management Information Systems

115

(1)

Boards of Inquiry and Adjudication

116

(4)

Public Education

120

(4)

Systemic Discrimination

124

(3)

Restraint and Reform

127

(5)

Commissions and Organizational Models

132

(1)

Conclusion

133

(2)

The Paradox of Human Rights Policy

135

(34)

Great Expectations

137

(1)

A Human Rights Report Card

138

(3)

The Overall Results

141

(1)

The Perspective of Advocacy Groups

142

(3)

The Perspective of Employers and Business Groups

145

(2)

The Perspective of Human Rights Staff and Officials

147

(3)

The Grand Paradox

150

(1)

The Paradox, Part One: Rights Consciousness

150

(3)

The Paradox, Part Two: Rights Restraint

153

(4)

The Paradox Constructed: Incompatible Expectations, Limited Capacities

157

(2)

Viewpoints: 1. Crisis

159

(1)

Viewpoints: 2. Balance

160

(2)

The Pluralist Perspective: An Assessment

162

(4)

Conclusion: The Paradox Continues

166

(3)

Notes

169

(20)

Index

189

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Summary

Author Biography

Table of Contents

Supplemental Materials

FREE SHIPPING

Rent More, Save More! Use code: BBRENTAL

5% off 1 book, 7% off 2 books, 10% off 3+ books

Restraining Equality

Summary

Author Biography

Table of Contents

Supplemental Materials

Digital License