Topic #3 Human Rights: Complaint Process

Can complain to human rights commission: admin board, created by enabling legislation (AHRA), fcns to promote equality, empowered to make bylaws
- panel has various powers including power to award damages/remedies

complaint 12 months
response filed and served 21 days
- conciliation (attempt to settle) OR investigation (referral to human rights panel), hear case and decision made by panel
- if conciliation process, either: settlement reached or dismissal of claim

-like admin tribunal
- like a court: conducts hearings w maybe lawyers, considers evidence, legal arguments, makes decisions affecting ppl's rights
- but not real court: part of executive (not judicial) branch of govt, staffed by civil servants, implement only enabling legislation, cant make decisions regarding legal matters, only human rights issues

panel decisions can be appealed to court of QB
- if approved, they can confirm, reverse or vary order of human rights panel and make any order the panel may make . appeal is appeal of decision.
- entire process subject to judicial review (how u were treated)

challenge to complaint/decision making process
-apply to court of QB to review decision making process to ensure admin body/tribunal: acted within their authority and in a procedurally fair manner

can be challenged if:
1. decision maker/panel didnt act within authority given to it under valid statute or regulation
2. authority was not exercised in procedurally fair way. these rules require:
- fair hearing w adequate notice, decision made by one who heard evidence, process free from bias
ex: u felt treated unfairly in workplace and u complained to HR commission and they decide if there was any discrimination but then overstepped boundaries by talking about holiday wages which is not their dept.