Administering Human Rights Legislation

Human Rights Commissions Each province has an appointed commission to administer and enforce human rights codes Example: Nova Scotia Human Rights Commission Most disputes are settled by commission; only 4 percent go to a tribunal

Filing a Complaint Complainant: Steps: The person making an allegation of discrimination, such as employment discrimination It is up to the complainant to prove his or her case A description of events must be provided by the complainant Steps: To file a complaint follow the procedures outlined in the provincial human rights code A lawyer is not needed to file a complaint Given a package of information that guides you in filing your complaint and how to fill out your complaint form

Filing a Complaint Prima Facie Gravaman Proving Prima Facie Legally convincing unless disproved by contrary evidence Gravaman The most serious part of an accusation Proving Prima Facie (using employment discrimination as an example) You were qualified for the particular employment You were not hired Someone no better qualified was given the position who lacked the feature that represents the gravaman (significant part) of the complaint (race, colour, age, etc)

Dismissing a Complaint Respondent The person or organization that the complainant alleges committed discrimination If determined there is a case the respondent will be asked to formally respond to the allegations A complaint could be dismissed for a variety of reasons: There could be legislation in place in the province of the complaint that better deals with the issue Complaint was trivial, frivolous, made to cause annoyance, or made in bad faith Not filed in an appropriate amount of time

Role of the Commission Mediation An intervention between conflicting parties that promotes compromise or settlement of the dispute prior to or in place of a formal investigation that is assisted by an officer from the Human Rights Commission If mediation is refused or a settlement cannot be reached a formal investigation occurs A formal investigation involves gathering evidence Inspecting documents, records, and correspondence between the parties Examining facilities Interviewing witnesses After the investigation a report to the Commission is written that details the result of the investigation

Role of the Commission Conciliation Bringing the parties to a resolution of their differences using independent meetings with all parties involved Conciliator meets with parties individually in an attempt to resolve differences If no resolution is possible, the case is referred to the commissioners of the human rights commission Commissioners will either dismiss the case or go to tribunal, which is like a trial Evidence is presented and witnesses testify under oath and are cross examined; lawyers are now used The decision can be appealed and sent for judicial review

Remedies Possible Remedies A number of remedies are used when it is proven discrimination has occurred An attempt is made to put the complainant in the same position they would have been in if the discrimination had not occurred Depends on circumstances of the case Possible Remedies An order to the offender to stop the practice Issue letter of apology Restitution for mental anguish and losses suffered Employment reinstated or promotion granted Develop program to relieve or assist disadvantaged to achieve equal opportunity in the organization Provide human rights and anti-discrimination training for all employees Develop policies to eliminate discrimination and harassment

Human Rights Complaint Process