March 7, 2025
What is the Backlog?
Backlogs accumulate when a Tribunal has more complaints than it has capacity to process. The number of new complaints filed with the Tribunal spiked in the 2020/21 fiscal year, and those numbers have remained more than double the historic average since. Tribunal resources did not keep pace with the increased demand.
Between 2020 and 2023, the Tribunal had the capacity to process on average 1,322 complaints per year. However, it received more than double that amount: an average of 2,824 new complaints each year. This translated into 1,500 more annual complaints than the Tribunal could process. This accumulated into a backlog of more than 4,000 overflow cases with corresponding delays.
In the 2023/24 fiscal year, the Government increased the Tribunal’s funding. With that funding, the Tribunal implemented its Backlog Strategy (in the 2nd quarter) and increased its human resources (by the 3rd quarter). These measures slowed backlog growth significantly, from the previous annual average of 1,500 complaints to 474 in 2023/24. The Tribunal expects the rate of backlog growth to continue to slow in 2024/25. However, the Tribunal must still work through the accumulation of overflow cases from previous years.
Where do Backlogs Accumulate?
The Tribunal’s process works like a highway, with complaints exiting at various stages. This results in successively fewer complaints moving through to each stage. Complaints generally move from stage to stage as follows:
- Complaint opening: 100% of complaints move through this stage.
- Screening: The Tribunal makes screening decisions on 100% of complaints. About 70% of complaints move forward, meaning about 30% are closed at this stage.
- Notice: All complaints that proceed past screening move to the notice stage, where the Tribunal gives the respondent notice of the complaint.
- Mediation: Most screened-in complaints go to mediation. About 60% of complaints settle and are closed at this stage.
- Case Path Review: Complaints not resolved at mediation proceed to hearings by default. However, a Tribunal Member reviews each of these complaints and determines whether to allow a respondents to file a dismissal application. Dismissal applications are allowed in roughly 50% of these cases. Of dismissal applications filed, about half result in complaint dismissal at this stage.
- Hearing: Most complaints resolve before a hearing. Only a small proportion of complaints filed go to a hearing.
From 2020-2023, the Tribunal had 2 Case Managers and 1 Tribunal Member to screen all incoming complaints. Similarly, the Tribunal had insufficient Case Managers to provide notice of complaints to respondents. The overflow complaints have thus accumulated predominately at these beginning steps of the Tribunal’s process. Because this is where the bulk of new cases accumulated, the backlog strategy has focused largely on screening.
As complaints are processed through one stage, they move to the next, resulting in rolling delays. The Tribunal will adjust its backlog strategy accordingly as necessary.
Progress Under the Backlog Strategy
In July 2023, the Tribunal announced a Backlog Strategy with three prongs: (1) a Covid Case Project; (2) an Outstanding Dismissal Applications Project; and (3) a Screening Inventory Project. The Strategy was implemented largely in the Fall with the onboarding and training of new adjudicators and staff. In the subsequent year and a half, the Tribunal made significant progress.
(1) Covid Case Project
The Covid Case Project began with 946 Covid-related complaints accumulated primarily at screening. As of March 4, 2025, the Tribunal had reduced the number of Covid cases at screening to 107.
(2) Outstanding Dismissal Applications Project
The Dismissal Applications Project concentrated adjudicator resources on clearing the backlog of dismissal applications that had accumulated over the preceding years. In August 2023, there were 314 unassigned dismissal applications in the system, with the oldest filed in 2020 and new applications continuing to be filed. As at March 6 2025, there are about 54 unassigned dismissal applications, nearly all filed in 2024 and 2025.
(3) Screening Inventory Project
The Tribunal makes a screening decision on every complaint filed, determining if the complaint is in our jurisdiction, is timely, and could be a breach of the Human Rights Code if proven. The threshold at screening is low. A screening decision results in a complaint being dismissed or moving to the next stage, with notice to respondents. Sometimes, the Tribunal gives a complainant an opportunity to send more information if the complaint is unclear or insufficient. Screening is resource intensive.
At the outset of this project, the Tribunal had 1,830 complaints at a standstill in screening.
As of January 2025, the number of complaints remaining at screening was down to roughly 235. This marks a reduction of over 1,500 complaints at this stage. The Tribunal is now completing screening of the remaining complaints filed in November and December 2023.
When complaints proceed past screening, the next step is for the Tribunal to notify the respondent. There are backlogs at the notice step, with more than 1,000 complaints in the queue for notice. The high volume of complaints processed through screening under the Backlog Strategy has added to the backlog at the notice step. However, the Tribunal has made considerable progress in the past 18 months. As of November 2024, the Tribunal’s notice queue had caught up to complaints filed in 2023, though some older complaints continue to come through the Covid case group.
Delay and Next Steps
The Tribunal is currently up to date in initial complaint opening; mediation scheduling; preliminary applications; and hearing availability.
The longest delays remain at the screening and notice stages, where the backlog has accumulated. Generally, it can be difficult to calculate delays given the many variables that impact the way a complaint moves through the process. However, the Tribunal is on track to have brought delays down to roughly 1.5 years from filing through screening to notice, with some exceptions.
We acknowledge that 1.5 years remains far beyond our service standards. However, the slowed rate of backlog growth brings the possibility of reducing delays. The Tribunal plans to begin screening and notice of 2024-filed complaints in June 2025, at which time it is expected that complaints will move more quickly through the early stages of the Tribunal’s process overall. Because backlogs are dynamic, the Tribunal expects to adjust its backlog strategy over the coming months as it continues to process complaints with a view to reducing delays.
We are limited in our ability to provide regular individualized updates on cases given our focus on processing complaints. We continue to appreciate the patience and understanding of those people experiencing delays, and understand the frustrations. We are working hard within the constraints of our resources. While the current delays remain challenging, we are pleased to finally be reporting progress.