THE COMMISSION’S COMPLAINT PROCESS

The following chart describes the process which is followed when an individual contacts the Commission to inquire about filing a complaint.

When the Commission receives an inquiry:

• Information is provided on the Commission and the Canadian Human Rights Act.
• The person may be directed to another agency if the matter is not within the Commission’s jurisdiction.
• If the matter is within the Commission’s jurisdiction, an officer reviews the situation with the complainant in greater detail and explains the complaint process.
• If the complainant wishes to pursue the matter, a complaint form is prepared.

After the Commission accepts a complaint:

• The respondent is advised of the complaint as soon as it is filed with the Commission.
• When appropriate, the Commission will refer the complainant to another redress mechanism (such as a grievance process, or a procedure under other legislation).
• Mediation may be offered as an option to both parties. Mediation is a voluntary process whereby the people involved in a complaint meet with a neutral third party (mediator) who is trained to help them agree to a solution with which they are both comfortable
• If the matter remains unresolved, an officer investigate the allegations and prepares a report to the Commissioners on the investigation findings.
• The parties are given an opportunity to comment on the investigation report before it is submitted to the Commissioners.

When the Commissioners make a decision:

• All complaints are reviewed by the Commissioners.
• The Commissioners can:
• refuse to deal with complaints received more than one year after the alleged acts, or which are beyond the Commission’s jurisdiction;
• approve a settlement between the parties or appoint a conciliator to help the parties arrive at a settlement;
• refer the matter to the Canadian Human Rights Tribunal for further inquiry;
• dismiss the complaint for lack of evidence.

Canadian Human Rights Tribunal

• On referral by the Commission, the Tribunal will conduct hearings into the complaint.
• After weighing the evidence that is presented, the Tribunal will make decision on the merits of the complaint and order an appropriate remedy.

Federal Court of Canada

• The Federal Court can be asked by either party to review a decision of the Commission.
• The Court can also review a decision or order of the Canadian Human Rights Tribunal.