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Complaints

Filing a Complaint

The Human Rights Code sets out a detalied complaint process. The Commission keeps all complaints confidential until a decision has been made by the Board of Commissioners unless the parties provide consent to confirm the existence of a complaint or disclose other information.
 
The Commission determines how much investigation is required in each case and produces an investigation report that is disclosed to the parties.  The parties are given the opportunity to clarify, change or add any information before the investigation report is considered by the Board of Commissioners.
 
If the Board decides that there is sufficient evidence to support that The Human Rights Code has been contravened, it will request that a member of the Human Rights Adjudication Panel makes a final decision about the complaint.
 
Any person may file a complaint alleging that The Human Rights Code has been contravened as long as the complaint is filed within one year of the discriminatory event or incident.  A person may file a complaint on behalf of another person however we may ask for the consent of the person on whose behalf the complaint is being made.
 
Our Intake Officers will send out an Intake Questionnaire if it appears that the allegation is one that falls under The Human Rights Code.  They will then work through the information contained in the Intake Questionnaire and set out the complaint on a regulated complaint form.  They will ensure that it contains the essential facts needed to frame the allegation of discrimination.   This will enable the other party to respond to the allegation and also assist Commission staff to investigate the complaint.
 
The complaint is usually 1-2 pages. The Statement of Events provided with the Intake Questionnaire is also kept on file and usually provides much more detail, including evidence that will be relevant to the investigation of the complaint.
 
The Executive Director will usually register the complaint within 10 days of the complaint being signed by the complainant. The Commission must serve the complaint on the respondent within 30 days of the complaint being registered.
 
For more information see our  GUIDE TO FILING A COMPLAINT

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