FILING AND DECIDING A HUMAN RIGHTS CASE PART A: DEFINITIONS PART A: DEFINITIONS PART B: FILING A CASE/DISMISSAL PROCESS PART B: FILING A CASE/DISMISSAL PROCESS PART C: SETTLING A HUMAN RIGHTS CASE PART C: SETTLING A HUMAN RIGHTS CASE

IMPORTANT DEFINITIONS COMPLAINANT: The person making the human rights complaint RESPONDENT: The person or organization that is alleged to have made the discrimination PRIMA FACIE: legally convincing unless disapproved by contrary evidence GRAVAMEN: the most serious part of the accusation MEDIATION: intervention between conflicting parties that promotes compromise or settlement of the dispute CONCILIATION: bringing conflicted parties to a resolution of their dispute

KEY STEPS IN FILING You do not need a lawyer for this You do not need a lawyer for this You will have to fill out a complaints file that fully describe the circumstances or events in question You will have to fill out a complaints file that fully describe the circumstances or events in question As the accuser, it is up to you to prove your case (in other words Prima Facie) As the accuser, it is up to you to prove your case (in other words Prima Facie) Your complaint will be furnished to the respondent Your complaint will be furnished to the respondent

Other Key Definitions To Consider Discrimination: Treating someone differently for unexplained reasons Discrimination: Treating someone differently for unexplained reasons Stereotyping: applying one characteristic to a group of people Stereotyping: applying one characteristic to a group of people Poisoned Work Environment: A workplace that is tense/unworkable due to discrimination/harassment Poisoned Work Environment: A workplace that is tense/unworkable due to discrimination/harassment Harassment: making a person feel unwelcome, uncomfortable repeatedly Harassment: making a person feel unwelcome, uncomfortable repeatedly Duty to Accomodate: Workplaces/Businesses etc will correct the human rights violation by removing barriers Duty to Accomodate: Workplaces/Businesses etc will correct the human rights violation by removing barriers Undue Hardship: If the accomodation cannot be done due to economic reasons. Complainant and respondent work together to solve problem financially. Undue Hardship: If the accomodation cannot be done due to economic reasons. Complainant and respondent work together to solve problem financially.

DISMISSAL OF THE CASE Another legislative act can deal with complaint more appropriately Another legislative act can deal with complaint more appropriately The complaint is trivial, made in bad faith, frivolous, or vexatious The complaint is trivial, made in bad faith, frivolous, or vexatious Not within the jurisdiction of the commission Not within the jurisdiction of the commission Complaint was filed more than 6 months from the last incident and the delay was not in good faith- time limits can vary from province to province Complaint was filed more than 6 months from the last incident and the delay was not in good faith- time limits can vary from province to province

ROLE OF THE HUMAN RIGHTS COMMISSION If complaint is not dismissed, you will be asked to enter into mediation with a mediation officer If complaint is not dismissed, you will be asked to enter into mediation with a mediation officer if no agreement is reached then a formal investigation begins- gathering evidence, getting relevant documents, records, interviewing witnesses and correspondence related to the case if no agreement is reached then a formal investigation begins- gathering evidence, getting relevant documents, records, interviewing witnesses and correspondence related to the case after that, conciliation is attempted to reach a resolution after that, conciliation is attempted to reach a resolution Human Rights Commission will review the case and make a referral or decision based on a trial similar to that in the courtroom with lawyers Human Rights Commission will review the case and make a referral or decision based on a trial similar to that in the courtroom with lawyers There is an appeals process for adverse rulings There is an appeals process for adverse rulings

REMEDIES IN A HUMAN RIGHTS CASE 1. Ordering the person or organization who contravened the human rights code to stop the practice 2. compelling the respondent to issue a letter of apology 3. ordering the respondent to pay the complainant for mental anguish and any losses suffered in pay and benefits 4. Compelling an employer to give the complainant his or her job back or to grant promotion denied (in an employment discrimination case) 5. Ordering an organization to adopt programs designed to relieve hardship or economic disadvantage or to assist disadvantaged group in achieving equal opportunity in the organization 6. requiring an organization to provide anti-discrimination training for all employees and to develop comprehensive policies to eliminate discrimination and prevent harassment to undertake other similar remedies