A: If your complaint is not settled, the CHRC may send it to the CHRT for a hearing. The CHRT will send you a letter that contains the name and number of a registry officer who is your contact person. You can choose to attend a mediation session before a hearing is set which may result in a settlement. If you choose not to mediate, or it is unsuccessful, the Chairperson will appoint one or three tribunal members to hear your case. You can choose to hire a lawyer to represent your case at the hearing. Representatives of the CHRC may be present at the hearing but they will not represent you or the Respondent, they will represent what they think is best for all Canadians. You might agree with the position of the CHRC or you might not so you should talk to them before the hearing about what their position will be. Before the hearing there will be three or four case management conference calls with a tribunal member that will help everyone understand the issues and deal with any preliminary matters such as dates, witnesses, evidence, and agreed statements of fact (these are the facts that you agree on). You are required to share information with the other party (this is called disclosure). The hearing itself will take approximately 10 days and you will get an order within 4 months. The whole process takes just under a year to complete (the CRHT suggests 49 weeks).
If either party is unhappy with the tribunal’s decision, the unhappy party can request judicial review to the Federal Court within 30 days of getting the tribunal’s decision.
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