Blaw 311 human rights procedure

Complain to the human rights commision

Administrative Tribunal created by enabling statute (AHRA) with the power to make subordinate legislation.-Has 3 sections:1. Tribunal2. The complaint, Settlement, and Resolution3. Education and Engagement.
Created by enabling legislation S15
Functions to promote equality S16
Empowered to make bylaws S17
Has various powers (S32) including the power to award damages

complaint (filed and served -12 months)
Response (filed and served) 21 days

Conciliation (attempt to settle) or Investigation (human rights panel) decision made by panel

If conciliation process either, settlement reached or dismissal of claim

Administrative tribunal
Like a court: conducts hearings (possibly with lawyers)
Considers evidence (witnesses under oath), legal arguments
Makes decisions affecting people rights
But not a real court
Is part of the executive (not judicial) branch of government (staffed by civil servants not judges), staffed by justices,
Implement only enabling legislation (cannot make decisions outside of human rights)

Panel decisions can be appealed to court of queens bench (may confirm, reverse or vary the order of the human rights panel)
Entire process is also subject to judicial review

challenge to the complaint/decision making process
apply to court of queens bench to review the decision making process to ensure administrative body or tribunal, acted within their authority and in a procedurally fair manner
(like a grievance with the process)

Can be challenged if
1: decision maker did not act within the authority given to it under a valid statute or regulation
2: authority was not exercised in a procedurally fair way,
-fair hearing with adequate notice
-decision made by the one who heard the evidence
-process free from bias