Functions of the Commission

 

 

Complaint Procedure

Board of Inquiry

Appeals

Complaint Procedure:

If you believe that you have been discriminated against, contact the Commission within six months. The Commission will take a complaint for investigation if there appears to be a violation of the Code. The Commission will inform the respondent prior to the commencement of an investigation, investigate the complaint and endeavor to effect a settlement. Where a settlement is not reached, the Executive Director of the Commission will report on the case to the Commission. The Commission will determine whether or not to refer the matter to the Board of Inquiry. Where a settlement is reached and agreed to by the Commission, the Commission will notify the parties that no further action will be taken unless the terms are not complied with. The Commission is empowered to enter buildings, workshops, or other premises to inspect records, documents, equipment, etc.  and to question persons or to obtain a warrant authorizing such entry and search. 
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Board of Inquiry:

A Board of Inquiry is a formal public hearing where the complainant and the respondent present their arguments before an Adjudicator. The Human Rights Commission  shall have carriage of the complaint, but either party may be represented by legal counsel. The Adjudicator, after hearing all the evidence from the parties and witnesses, will determine if there has been a contravention of the Human Rights Code. If there is a finding of contravention, the Adjudicator will order the respondent to cease the contravention, make available denied opportunities or privileges and may, when appropriate, order compensation. The Adjudicator's decision is legally binding on the parties, but it is subject to appeal to the Trial Division of the Supreme Court
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Appeals:

Either party may appeal to the Trial Division within 30 days of receipt of the decision of the Board of Inquiry. The Court may confirm, reverse or vary the order of the Board.
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IF YOU THINK YOU MAY HAVE A COMPLAINT PLEASE CONTACT THE COMMISSION


 
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