FILING AND DECIDING A HUMAN RIGHTS CASE

PART A: PART A: DEFINITIONSDEFINITIONS

PART B: FILING A PART B: FILING A CASE/DISMISSAL CASE/DISMISSAL PROCESSPROCESS

PART C: SETTLING PART C: SETTLING A HUMAN RIGHTS A HUMAN RIGHTS CASECASE

IMPORTANT DEFINITIONSCOMPLAINANT: The person making the human rights complaint

RESPONDENT: The person or organization that is alleged to have made the discrimination

PRIMA FACIE: legally convincing unless disapproved by contrary evidence

GRAVAMEN: the most serious part of the accusation

MEDIATION: intervention between conflicting parties that promotes compromise or settlement of the dispute

CONCILIATION: bringing conflicted parties to a resolution of their dispute

KEY STEPS IN FILING

You do not need a lawyer for thisYou do not need a lawyer for this You will have to fill out a complaints You will have to fill out a complaints

file that fully describe the file that fully describe the circumstances or events in questioncircumstances or events in question

As the accuser, it is up to you to As the accuser, it is up to you to prove your case (in other words prove your case (in other words Prima Facie)Prima Facie)

Your complaint will be furnished to Your complaint will be furnished to the respondentthe respondent

Other Key Definitions To Consider Discrimination: Treating someone differently for unexplained Discrimination: Treating someone differently for unexplained

reasonsreasons Stereotyping: applying one characteristic to a group of peopleStereotyping: applying one characteristic to a group of people Poisoned Work Environment: A workplace that is Poisoned Work Environment: A workplace that is

tense/unworkable due to discrimination/harassmenttense/unworkable due to discrimination/harassment Harassment: making a person feel unwelcome, uncomfortable Harassment: making a person feel unwelcome, uncomfortable

repeatedlyrepeatedly Duty to Accomodate: Workplaces/Businesses etc will correct Duty to Accomodate: Workplaces/Businesses etc will correct

the human rights violation by removing barriersthe human rights violation by removing barriers Undue Hardship: If the accomodation cannot be done due to Undue Hardship: If the accomodation cannot be done due to

economic reasons. Complainant and respondent work together economic reasons. Complainant and respondent work together to solve problem financially. to solve problem financially.

DISMISSAL OF THE CASE

Another legislative act can deal Another legislative act can deal with complaint more appropriatelywith complaint more appropriately

The complaint is trivial, made in The complaint is trivial, made in bad faith, frivolous, or vexatiousbad faith, frivolous, or vexatious

Not within the jurisdiction of the Not within the jurisdiction of the commissioncommission

Complaint was filed more than 6 Complaint was filed more than 6 months from the last incident and months from the last incident and the delay was not in good faith- the delay was not in good faith- time limits can vary from province time limits can vary from province to provinceto province

ROLE OF THE HUMAN RIGHTS COMMISSION If complaint is not dismissed, you will be asked to If complaint is not dismissed, you will be asked to

enter into mediation with a mediation officerenter into mediation with a mediation officer

if no agreement is reached then a formal if no agreement is reached then a formal investigation begins- gathering evidence, getting investigation begins- gathering evidence, getting relevant documents, records, interviewing relevant documents, records, interviewing witnesses and correspondence related to the casewitnesses and correspondence related to the case

after that, conciliation is attempted to reach a after that, conciliation is attempted to reach a resolutionresolution

Human Rights Commission will review the case Human Rights Commission will review the case and make a referral or decision based on a trial and make a referral or decision based on a trial similar to that in the courtroom with lawyerssimilar to that in the courtroom with lawyers

There is an appeals process for adverse rulingsThere is an appeals process for adverse rulings

REMEDIES IN A HUMAN RIGHTS CASE1.1. Ordering the person or organization who contravened Ordering the person or organization who contravened

the human rights code to stop the practicethe human rights code to stop the practice2.2. compelling the respondent to issue a letter of apologycompelling the respondent to issue a letter of apology3.3. ordering the respondent to pay the complainant for ordering the respondent to pay the complainant for

mental anguish and any losses suffered in pay and mental anguish and any losses suffered in pay and benefitsbenefits

4.4. Compelling an employer to give the complainant his Compelling an employer to give the complainant his or her job back or to grant promotion denied (in an or her job back or to grant promotion denied (in an employment discrimination case)employment discrimination case)

5.5. Ordering an organization to adopt programs designed Ordering an organization to adopt programs designed to relieve hardship or economic disadvantage or to to relieve hardship or economic disadvantage or to assist disadvantaged group in achieving equal assist disadvantaged group in achieving equal opportunity in the organizationopportunity in the organization

6.6. requiring an organization to provide anti-requiring an organization to provide anti-discrimination training for all employees and to discrimination training for all employees and to develop comprehensive policies to eliminate develop comprehensive policies to eliminate discrimination and prevent harassment to undertake discrimination and prevent harassment to undertake other similar remediesother similar remedies