Although it is the primary body for dealing with allegations of discrimination, under sections 40 and 41 of the Canadian Human Rights Act the Commission can refuse to deal with complaints in certain circumstances. It can, for example, decide not to accept complaints that refer to acts of discrimination that occurred more than one year earlier and complaints that are trivial, frivolous, vexatious or made in bad faith. It can also refer complainants to other available redress mechanisms, when appropriate.

As part of its efforts to fine-tune all stages of the complaint-handling process, the Commission now carefully assesses each complaint at the outset in order to determine how it should be handled. This assessment identifies cases which should be accepted for investigation or mediation and those subject to sections 40 and 41 of the Act. This approach recognizes that the Commission is one partner among others involved promoting and protecting human rights, and that it is most efficient and effective when it focuses its energies and resources on the work it is best equipped to do.

In fact, in many cases, alternate redress procedures are the ideal way to resolve an issue. Internal grievance processes that operate within a workplace or a place of service to the public can often resolve a dispute quickly and appropriately, without resorting to more complicated, time-consuming and sometimes litigious approaches. And where a complaint is not resolved, the parties retain the right to return to the Commission to pursue a complaint.

Meanwhile, an important part of the Commission’s role - and one to which it can now devote more attention - is helping to resolve human rights matters before they become complaints. The Commission does this by working with other organizations to ensure that their processes for resolving disputes address human rights issues and treat them in an appropriate way. It also studies and highlights issues of concern in order to promote changes that have a broad-based impact on human rights in Canada.

Ultimately, the Commission’s goal is to prevent discrimination from happening in the first place.  By applying its expertise to those areas where it is most appropriate, necessary and effective, the Commission can ensure that it contributes - along with other partners - to reaching that goal.