Canadian Human Rights Tribunal Hearings

Before there is a hearing the parties must participate in case management. The purpose of case management is to help the parties organize their evidence and to shorten the length of the hearing. Case management is done by conference call. The parties need to prepare for the call by completing certain documents, filing them with the Tribunal and serving them on the other party.

Both parties need to prepare a Statement of Particulars. The party that made the complaint outlines the facts that led to the complaint. They explain why this treatment was discrimination on a prohibited ground and how the treatment has affected them. This could include things like loss of dignity, emotional or physical issues and lost wages. The party also outlines what orders they think the Tribunal should make.

The other party’s Statement of Particulars outlines what facts, if any, set out by the other party they agree or disagree with and why. They can also include any additional relevant facts. They can make the case for why what they did was not discrimination on a prohibited ground. They can also suggest different remedies than those set out by the other party in the event that the Tribunal does find that there was discrimination.

Both parties must also submit a list of any documents they will use to support their case. Both parties submit a list of any witnesses they plan on calling and include a summary of what the witnesses will testify about. Both lists and any documents listed need to be served on the other party.

Once the party making the complaint receives the other party’s Statement of Particulars they can file and serve a Reply - but only if the other party raised issues or facts not addressed in their own Statement of Particulars.

Once case management is complete the matter goes to a hearing. At the hearing both parties have a chance to make their case. The parties present their evidence, witnesses and arguments. At the start of the case the Tribunal asks the parties to introduce themselves. After this the parties are given the opportunity to make opening statements. During the opening statements the parties summarize their case.

The parties then present their case by calling witnesses and submitting documents. The person making the complaint goes first followed by the other party. The parties call witnesses to testify about what they saw or heard that will support their case. They can also call witnesses to introduce documents they want the Tribunal to consider. A party can cross-examine the other party’s witnesses.

When all of the evidence has been presented, each party is given an opportunity to present a final argument. This is a chance for each party to explain what facts they believe have been proven by the evidence, and why. This is also a chance for each party to explain why the facts show that there was or was not discrimination within the meaning of the Canadian Human Rights Act. New evidence cannot be introduced during final arguments.

After the hearing the Tribunal makes a decision. The decision will explain why the Tribunal decided that there had been or had not been discrimination.

The Tribunal tries to release a decision within 4 months of the hearing. More complex cases may take longer.

If the Tribunal finds in favour of the complainant they can order the other party to...

• stop the discrimination and take action to prevent this type of discrimination in the future
• make available to the victim, on the first reasonable occasion, the rights, opportunities or privileges that were denied because of discrimination
• compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of discrimination
• compensate the victim in an amount up to $20,000 for any pain and suffering that the victim experienced as a result of the discrimination
• pay up to $20,000 as compensation to the victim if they find that the person discriminated wilfully or recklessly