In an article entitled “Absenteeism in the Extreme,” and published in Workplace News, the author attributes to the Canadian Human Rights Commission powers that belong to the Canadian Human Rights Tribunal. The Commission does not make rulings; only the Tribunal does.

If the Commission, having regards to all the circumstances of the complaint, finds that further inquiry into the complaint is warranted, it will refer the case to the Canadian Human Rights Tribunal. The Tribunal’s role is to determine whether there has been discrimination based on a prohibited ground of discrimination, to rule on the case and, if appropriate, to order a remedy. The Tribunal holds public hearings at which both parties to a complaint can present their arguments and call witnesses. The Tribunal operates independently of the Commission and will only examine cases referred by the Canadian Human Rights Commission.

In some complaints, Commission counsel will appear at the Tribunal. The Commission represents neither the complainant nor the respondent. Rather, its role is to represent the public interest in an impartial and objective manner, as it does at all stages in the complaint process- mediation, investigation and Tribunal. Commission counsel will not appear at the Tribunal in all cases, and the role of the Commission's lawyer at the Tribunal may vary from one complaint to another.