One result of an investigation can be that the case is referred to court for a hearing
In most cases, before a hearing takes place, the parties will be required to make another attempt at mediation, called Directed Mediation. The other party is asked to provide their final offer of resolution. If the Commission determines that the offer is reasonable, they can dismiss the complaint if the offer is not accepted.
If the complaint is referred to the Court of King’s Bench, a lawyer from the Commission will present the case for the person who made the complaint. There is no charge for these services. The other party may choose to hire a lawyer to represent them, or they may represent themselves.
Even though litigation is essential to the complaints process, the Commission’s decision to litigate any case is never taken lightly. Court intervention is a tool that is used sparingly and judiciously.
If the Court of King's Bench finds the person’s human rights have been violated the court can order any person to...
Other orders the court can make include things like ordering:
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