Complaint process
My role in the process
Everyone named in the complaint
If the Tribunal accepts a complaint for filing, the complainant and each respondent must:
- Make sure the Tribunal has their current address for delivering documents.
- Respond to the Tribunal’s telephone calls, emails and letters.
- Meet deadlines for each step in the process.
- Give the other parties a copy of everything they send to the Tribunal.
- Comply with the Rules of Practice and Procedure, and with orders and directions of the Tribunal.
Complainant
You are responsible for your complaint.
The Tribunal does not investigate complaints. Making a complaint does not guarantee a solution. Instead, the human rights complaint process has two ways to help you get a solution. First, the Tribunal helps the parties agree to a solution. This is called settling the complaint. Second, the Tribunal may hold a hearing to decide if there was discrimination. If it decides there was discrimination, it will order a solution. This is called a remedy.
- If you want to settle your complaint, your job is to come to a settlement meeting ready to find a solution.
- You may need to respond to an application to dismiss the complaint without a hearing.
- If you want to go to a hearing, your job is to gather evidence, including documents and witnesses. You must give copies of everything to the respondent. Your job will be to present your evidence at a hearing. You must convince the Tribunal that there was discrimination.
Respondent
You are responsible for responding to the complaint.
- If you want to settle the complaint, your job is to come to a settlement meeting ready to find a solution.
- If you want the complaint to be dismissed, it is your job to respond to the complaint and gather evidence, including documents and witnesses. You must give copies of everything to the complainant. Your job will be to make an application to dismiss the complaint without a hearing, and/or to defend yourself at a hearing. If you say that your conduct was justified, you must convince the Tribunal that it was.