Complaint process
INFORMATION SHEET
A printable PDF version of this information sheet is available.
A person who thinks his or her human rights have been violated can file a complaint with the Human Rights and Citizenship Commission. There is no fee for filing a complaint. It is not necessary to hire a lawyer to file a complaint. However, you have the choice to appoint someone to assist or represent you in filing a complaint. You have the same choice if you are the person that the compliant is filed against. If you choose to hire a lawyer or someone to represent you, you are responsible for all costs for their services. The Commission will keep all the parties informed of the steps that are being taken, and the Commission welcomes questions at any time during the process.
The ComplaintThe person who is filing the complaint is called the complainant, and the person who the complaint is filed against is called the respondent. You may file a complaint by completing a complaint form from the Commission. You are allowed to attach a letter. The form and any attachments must be signed and returned to the Commission with all requested information. If you are attaching a letter, it must contain the information required by the complaint form. If a verbal complaint is made or if you need help to file a complaint, an intake officer may help you (the Complainant) to file your complaint. A complaint must be made within twelve months from the time of the alleged incident that is a violation of the Human Rights, Citizenship and Multiculturalism Act.
Serving a Complaint on Respondent(s)A copy of the complaint, along with other information supplied will be served on the person who accused of discrimination.
The respondent will have 21 days to file a response.
Sharing the Respondent’s Response with ComplainantYou will receive a copy of the Respondent's Response. During this early stage in the process, you and the respondent may voluntarily decide to settle the matter between themselves without any further involvement by the Commission.
ConciliationConciliation is a voluntary, non-adversarial way of resolving disputes in which a neutral person known as a conciliator (on staff with the Commission) helps the Complainant and the Respondent to identify and discuss the issues to try to resolve the conflict. The conciliator does not take sides or assess the complaint. All information provided by the parties during conciliation is without prejudice and will not be used for any purpose other than the conciliation. If a settlement which is acceptable to both parties is not achieved or if one of the parties declines conciliation, a human rights investigator is then assigned.
InvestigationThe Commission will inform the Complainant and the Respondent that an investigation is going ahead. The purpose of the investigation is to establish the facts and determine whether or not there is merit to the complaint.
DismissalIf the complaint is not found to have merit, it may be dismissed. In some cases, there are no reasonable grounds to believe that discrimination has occurred.
DiscontinuanceThe Director may discontinue a merit complaint if the Director is of the opinion that the Complainant has refused to accept a proposed settlement that is fair and reasonable.
Appeals to Chief CommissionerThe decision of the Director to dismiss or discontinue a complaint can be appealed to the Chief Commissioner in writing within 30 days. If the Chief Commissioner does not agree with the dismissal or discontinuance, then it is referred to a Human Rights Panel. If the Chief Commissioners agrees with the Director to dismiss or discontinue the complaint, that decision is final and binding on the parties. The Court of Queens Bench will do a judicial review of the process used in making the decision. That review is not an appeal of the decision. The request for judicial review must be made within six months.
Report to Chief Commissioner and Referral to Human Rights PanelThe Director may report to the Chief Commissioner and refer to Human Rights Panel complaints that have merit where the parties are unable to settle the complaint.
Human Rights PanelA panel hearing shall be before one or more Commissioners. The decision of the Panel, once filed with the Court of Queen’s Bench, and has the same force and effect as the Court of Queen’s Bench decision. A Panel decision may be appealed within 30 days to the Court of Queen’s Bench.
Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident.
March 2007
Due to confidentiality concerns, the Commission cannot reply
to complaints of discrimination using the Internet.
Please contact the Commission by telephone or regular mail
if you have a specific complaint.
The Commission will make publications available in accessible multiple formats upon request. Multiple formats provide access for people with disabilities who do not read conventional print.
