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Frequently Asked Questions

About the Canadian Human Rights Tribunal

• What is the role of the Canadian Human Rights Tribunal?
• Will the Commission represent the complainant at the Tribunal?
• Can the Commission comment on cases once they are referred to the Tribunal?

What is the role of the Canadian Human Rights Tribunal?

If the Commission finds there is evidence to support a complaint, it will refer the case to the Canadian Human Rights Tribunal. The Tribunal operates independently of the Commission. It holds public hearings at which both sides can present their arguments and call witnesses. The Tribunal determines whether there has been discrimination based on a prohibited ground. If appropriate, the Tribunal orders a remedy.

Will the Commission represent the complainant at the Tribunal?

The Commission represents neither the complainant nor the respondent. Its role is to represent the public interest in an impartial and objective manner at all stages in the complaint process— mediation, investigation or Tribunal. In some complaints, Commission counsel will appear at the Tribunal to represent the public interest. However, this does not happen in all cases, and the role of the Commission's lawyer at the Tribunal may vary from one complaint to another.

Can the Commission comment on cases once they are referred to the Tribunal?

The Commission will not comment on cases referred to the Tribunal for a variety of reasons. For instance, the Commission is a neutral body acting in the public interest and does not wish to predetermine the findings of the Tribunal. It also wishes to protect the reputations of those involved in the process.

The information on cases becomes public at hearings and the Commission may at that time make comments on the case, either as a participant in the case for the public interest or as an observer. The Commission may also comment on a case when the decision of the Tribunal is released.

The Tribunal, which is independent of the Commission, does publicize hearing dates and decisions on its website.