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Using confidential information contained in a CHRC investigation report, such as comments made by the parties as well as a recommendation made by the investigator, the media reported that the CHRC has decided to look into a complaint because the respondent (the party accused of alleged discrimination) has failed to investigate the worker’s complaint properly.

This media report raises two important issues : the importance of confidentiality during the Commission’s complaint process and the role of the investigator.

Confidentiality is an important issue with the Commission. When a complaint is filed with the Commission, it and all matters pertaining to the complaint are treated as confidential. Confidentiality is needed to protect the integrity of the process and ensure that parties remain focused and not influenced by comments or interpretations made outside the Commission.

As part of the complaint process, an investigator is assigned to conduct a thorough examination of the facts and evidence. The investigators do not decide if a complaint is founded or not or if discrimination has occurred. His or her duty is to present a report of the findings to the Commissioners.

Before an investigator report is sent to the Commission for a decision, it is first sent to both the complainant and the respondent. Parties then have an opportunity to comment on the report. This step allows parties to challenge the recommendation of the investigator. The report and the parties’ submissions are then presented to the Commission for decision.

Only the Commissioners have the authority to make a decision on a complaint. When it does so, it does not make a finding of discrimination but simply decides whether further inquiry is warranted. The Canadian Human Rights Tribunal, which is a separate body from the Commission, has the authority to make a finding of discrimination. Once a case goes to the Tribunal stage, the information on the case is made public through the hearing process.

Once a decision is made by the Commissioners, parties can request a Judicial Review of the decision if they think the Commission has erred in its process.