Status of Women committee  Yes, we have received complaints from female inmates about the use of male guards in their facilities.

Status of Women committee  I'd like to defer to my colleague. The first thought that comes to my mind is that I think you should ask the communities.

Justice committee  That's correct.

Justice committee  I believe that's the language in that legislation.

Justice committee  No cases have been decided on this issue under the Canadian Human Rights Act. A case originating in Quebec went to the Supreme Court of Canada where an issue related to genetic characteristics was recognized by the court and linked to discrimination on the basis of disability, so that has been recognized in the jurisprudence.

Pay Equity committee  No.

Pay Equity committee  To date, most of the major complaints have emerged in the public sector.

Pay Equity committee  I would just add one point, if I might. It's interesting that you refer to the potential role of Labour. As you may be aware, under the employment equity regime the commission has the compliance function, so we have, in simple words, the audit function, but Labour provides the support to employers.

Pay Equity committee  I'm not sure that falls directly within our expertise. I know you heard from colleagues at Labour. The statistics overall indicate that the wage gap is larger in non-unionized environments, so certainly, that could be seen as an opportunity. On the other hand, unions are very helpful workplace partners in terms of implementing and maintaining pay equity, so that also presents an opportunity.

Pay Equity committee  Quebec was...and if I misspoke I am sorry. I think Quebec learned from Ontario in imposing this five-year requirement on employers to do a self-audit.

Pay Equity committee  My understanding is that it is and there is also a limited right for employees to file complaints. But as in Ontario, there are limits on retroactive wage awards, which we have not seen under the Canadian Human Rights Act. The commission believes this has been one of the problems with implementing the legislation.

Pay Equity committee  Do you mean with the Canadian Human Rights Act, the Canadian Human Rights Commission, or both?

Pay Equity committee  Machinery questions are largely questions for government to decide, so we defer to those governmental choices. As Mr. Fine explained, the commission has experience in implementing proactive legislation. The Employment Equity Act, which has been in force since 1996, has been overseen by the commission.

Pay Equity committee  Before I move to that, one option, if government decided, would be for the commission to play a role in pay equity compliance. As to how it works with the Canadian Human Rights Act, as Mr. Fine explained, we adopt the recommendations of the pay equity task force, including the need for separate pay equity legislation, just as there is a separate Employment Equity Act.

Pay Equity committee  I think Mr. Fine is correct. There are elements in all the models that are promising in terms of pay equity implementation and maintenance. In general, the commission has taken the position that the task force's recommendations will likely lead to the most robust and most effective right to pay equity, both in terms of implementation and cost.