1. Administering Human Rights Legislation

2. 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

3. 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

4. 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)

5. 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

6. 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

7. 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

8. 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

9. Human Rights Complaint Process