Following amendments to The Human Rights Code which took effect on January 1, 2022, the Executive Director of the Commission may dismiss a complaint without investigation in specific circumstances.
Examples of situations where a complaint may be dismissed without investigation include: the complainant and the respondent entered into a settlement agreement resolving the issues raised in the complaint, the complainant is a member of a union and the issues raised in the complaint fall under the scope of the collective agreement, the complainant has pursued their concerns via another legal process, the respondent is federally regulated, etc.
The Early Assessment Team will consider the available information to determine if the Complaint should be dismissed without investigation. The Early Assessment Team may ask parties for any other documents or information they may need to help them complete their assessment.
The Early Assessment Team will make a recommendation to the Executive Director to help them decide whether a complaint should be investigated or not. Before the Executive Director makes their decision, the Early Assessment Team will provide the parties with a copy of their recommendation, which will include an analysis of whether or not they believe the complaint should be dismissed without investigation. The parties will then have an opportunity to provide a written submission in response to the Early Assessment Team’s recommendation, outlining why they agree or disagree with the team’s findings.
For more information on Early Assessment/Dismissal without Investigation, see our Guide to the Early Assessment / Dismissal without Investigation process.
