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Resolution

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Once the Canadian Human Rights Commission has accepted a complaint the resolution process begins. There are a number of ways a complaint can be resolved.

Mediation

The Commission informs the other party in writing about the complaint. The Commission recommends the parties try mediation but it is not required. If both parties want to try mediation the Commission will provide these services free-of-charge.

The Commission allows 4 months for this process. If the parties agree to settle the matter they enter into a written settlement agreement that sets out what each party will do to resolve the situation. The agreement must be reviewed and approved by the Commission.

Assessment

If mediation does not work, or both parties do not agree to use mediation, the complaint is assessed. A human rights officer considers whether there is evidence to support the complaint. The human rights officer may look for more information about the complaint. Once the assessment is complete the human rights officer will prepare an assessment report that contains recommendations on how the complaint should be dealt with.

Both parties will get a copy of the report and a chance to comment on the report. The report and any comments are sent to the Commissioners within 5 days of it being completed. Commissioners are people appointed by the Government of Canada to deal with human rights complaints made to the Canadian Human Rights Commission.

Decision

The Commissioners have 2 weeks to make a decision. The Commissioners can...

  • dismiss the complaint
  • send the complaint to conciliation (Conciliation is similar to mediation, however unlike mediation the parties can be required to partake in conciliation or have their complaint dismissed.)
  • decide that they need more information or more time to make a decision
  • refer the complaint to the Canadian Human Rights Tribunal

The parties will be notified of the decision within 10 days of the decision being made.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.