Investigation

If a complaint is referred to investigation, it must be investigated “to the extent sufficient for fairly and properly disposing of it". The purpose of the investigation is to prepare a recommendation for the Executive Director about whether or not the complaint should be dismissed or should be referred to a member of the Human Rights Adjudication Panel for a final decision.

At the end of the investigation, the investigator may recommend that the complaint be dismissed because:

1. it is frivolous or vexatious;
2. the acts or omissions described in it do not contravene this Code;
3. it is not within the jurisdiction provided by this Code;
4. its subject matter is being or has been dealt with appropriately according to a procedure provided for under another Act;
5. additional proceedings in respect of it would not benefit the person against whom this Code is alleged to have been contravened; or
6. the evidence in support of it is insufficient to substantiate the alleged contravention of this Code.

The investigator will give both parties the opportunity to provide evidence to support their position and may interview other people who have information relevant to the complaint. The Commission has broad authority to obtain documentation or evidence related to the complaint.

It currently takes several months for an investigator to be assigned to a complaint and arrange interviews. Most investigations are completed between 4 and 12 months of the investigator contacting the parties, depending on the complexity of the complaint and legal issues raised.

For more information see our Guide to Investigation.