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Human Rights Complaints

+Filing a Complaint

A lawyer is not needed to file a complaint.

Complaints can be withdrawn at any point.

Complainant – person making the allegation of discrimination who is provided with an information packet to fill out. You have to prove your case. If you would not hired for a job, you would have to prove that:

You were qualified. You were not hired. Someone no better qualified obtained that position – this is

the gravamen – the most serious part of the complaint.

+Dismissing a Complaint

After a complaint is filed, the Human Rights Commission may dismiss the complaint for a variety of reasons, including a trivial complaint or something outside of the commission’s jurisdiction.

In NB – Complaints must be made within 1 year and complaints can be dismissed at any point.

If the case is going to be heard, the commission will serve the respondent. They are asked to formally respond to the allegations of discrimination.

+Role of the Commission

Step 1 – the Commission will ask you and the respondent to enter into mediation – a process to attempt to settle disputes prior to a formal investigation. The mediator helps the parties attempt to resolve the issue themselves.

Step 2 – if mediation does not work, the case is referred to the investigation services for a formal investigation by a human rights officer. Evidence is collected, witnesses are interviewed, and the facilities are examined. A report is then written to inform parties the result of the

investigation. An attempt to solve the dispute through conciliation will occur.

If no resolution is found, the case is referred to the commissioners to make the decision about the case.

+The Decision

If the commissioners do not feel there is enough evidence, the complaint is dismissed. The complainant has 15 days to appeal by requesting a

formal review. If the review is turned down, the decision is final.

If the commissioners believe there is enough evidence, the case is referred to a board of inquiry or human rights tribunal. Similar to a trial in that witnesses testify under oath and are

cross-examined by lawyers for the Commission and the respondent.

The final decision may be appealed to the Supreme Court.

+Remedy

The primary remedy is to put complainants in the same position had discrimination not occurred.

Possible remedies include: Ordering the individuals to stop the practice Letter of apology Respondent pays for mental anguish or for loss in

pay/benefits Give back job/grant promotion that was denied