Referral to the Canadian Human Rights Tribunal

The Tribunal only hears complaints about discrimination sent to them by the Canadian Human Rights Commission. Tribunal members are legally trained, impartial decision makers with expertise in human rights.

One to three members are assigned to the case. A Registry Officer is also assigned to the case. This is the person you contact with any questions about the process.

The Canadian Human Rights Commission can choose to participate in a hearing.

The parties can try mediation to settle the issue. They can do this before the Tribunal starts to hear the case or anytime during the case. If the parties choose mediation, a Tribunal member is appointed to assist them. This will be a different member than the member or members who will hear the case, unless the parties agree to use the same member. The Tribunal member is there to help the parties reach an agreement. They cannot make any decisions about the case.

Before mediation starts each party must submit a mediation brief. Each party's brief outlines the facts as they see them. The party that made the complaint also includes information about what remedies they are asking for. The other party can then comment on these in their brief.

Generally both parties and the mediator will meet together. Other individuals such as lawyers for the parties may attend as well. Sometimes the mediator will meet with parties separately in addition to having joint meetings. There may be several meetings to discuss possible solutions the parties can agree on. The mediator may give their opinion about the strengths and weaknesses of each party’s case. Anything said during mediation is confidential. It cannot be used at the hearing, if there is one.

If the parties come to an agreement it must be put in writing and signed by the parties or their lawyers. If a party does not have a lawyer they will have 7 days to think over the agreement or get legal advice on it. The Canadian Human Rights Commission must also approve the agreement.

If the parties do not come to an agreement the case will continue to a hearing. Even when the parties do not reach an agreement they can decide to agree on some facts or resolve some of their issues through mediation. This can simplify the hearing process.