08 Sep What is the Canadian Human Rights Tribunal?
The Canadian Human Rights Tribunal (CHRT) is a body that handles discriminatory treatment defined in the Canadian Human Rights Act. These complaints can be handled by the CHRT if this person is employed by a federally regulated workplace or by service providers. The Human Rights Act specifically deals with equality rights, ensuring that the employed are treated fairly in the workplace.
An example of discrimination is if one employee is paid differently than another based on their sex. In this case, the employee who believes they are being discriminated against will bring their complaint to the CHRT and their case will be heard and assessed on whether it can be legally determined as discrimination.
Who makes up the CHRT?
The CHRT is made up of Tribunal Members, a Registry Officer, the complainant, the respondent, and the party representatives.
The Tribunal Members are comprised of a chairperson, vice chairperson, and thirteen additional appointed members. The tribunal members will make the final decision about whether discrimination took place. In order to make this decision, the Tribunal Members will be present during the proceedings and will mediate between parties.
The Registry Officer is the person that the complainant, respondent, or party representatives can reach out to with any questions about the hearing. They are assigned to every case to ensure both parties feel comfortable with the process and procedures of the CHRT.
The Complainant, Respondent, and Party Representatives are all the people involved in the individual case. The Complainant is the person(s) that brings the discrimination claim to the court, the Respondent is the person who has allegedly treated the complainant in a discriminatory manner, and lastly, the party representatives are the lawyers who were hired by the complainant and respondent individually.
What are the steps involved in the CHRT?
There are specific steps to be followed when handling a discrimination case with the CHRT. Once the claim has been made, the parties may go through a mediation process where the case can be settled. If the case is not settled at the mediation stage, the CHRT will take over, and the court process will begin.
First, there is a pre-hearing case management stage where documents and witnesses are brought before the tribunal with both parties involved. Once this stage is complete, the parties will move onto the hearing stage, where the tribunal will listen and understand the evidence brought by the complainant and respondent equally. Once the tribunal has listened to both parties and assessed all evidence at hand, the tribunal then has the responsibility of making their final decision. This decision determines whether the case is in fact discriminatory, and what solutions need to be implemented in order for the situation to be resolved.
If you have more questions about the Canadian Human Rights Tribunal or have experienced discrimination in the workplace, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.
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