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Human Rights Complaints

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 Complaints can be withdrawn at any point.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.

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Human Rights Complaints

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  1. Human Rights Complaints

  2. 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 • Complaints can be withdrawn at any point.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.

  3. 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.

  4. 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.

  5. 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.

  6. 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

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