A: If the AHRC proceeds with your complaint, it will send a copy to the respondent and they have 21 days to respond. AHRC staff will try to help you and the other person resolve the issue.
Conciliation
You will likely go through a process called conciliation in which you and the respondent try to come to a settlement. The “conciliator” who will guide you through this process is neutral, which means he won’t take sides in the dispute. Either side may make an offer to settle the dispute. If the AHRC thinks the Respondent as offered a reasonable settlement, but you choose not to accept it, the Director may choose to discontinue your complaint.
Investigation
If conciliation is not possible or successful, the AHRC will investigate the complaint and provide a report to you and the other person. The report will recommend that your complaint be dismissed or continued. If it continues, the AHRC will again try to help you reach a settlement.
Chief of Commission and Tribunals
If you cannot reach a settlement and the Director believes your complaint has merit, she will make a report to the Chief of Commission and Tribunals. The Chief may appoint a tribunal to hear your complaint.
If the Director has recommended that the AHRC dismiss your complaint, you can appeal within 30 days to the Chief of Commission and Tribunals. If he decides the Director properly dismissed your complaint, he will deny the appeal. If the Chief Commissioner believes your complaint has merit, he will appoint a tribunal to hear your complaint.
The Court of Queen’s Bench can review the Chief Commissioner’s decision within 6 months. This is different from an appeal and focuses on the process the Chief Commissioner used to arrive at his decision.
Human Rights Tribunal
If your complaint has merit and a settlement cannot be reached, it will go to a human rights tribunal made up of one or three members of the commission appointed by the Chief Commissioner. There will be a hearing and then the panel will decide to either dismiss the complaint or make an order to address the discrimination. The order has the same effect as a court decision. The order can be appealed to the Court of Queen’s Bench within 30 days.
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