Review and decision

Review by the Chief of the Commission and Tribunals

After the 30-day time limit for getting the respondent's response has ended, the Chief of the Commission and Tribunals will review the information and make a decision. No new information from the parties is needed at this point in the process.

The Chief will review:

  • The complaint file that was before the Director, which includes:
    • The complaint
    • The response
    • The investigation report or investigation memo, if one was written
    • Any attachments to the investigation report or investigation memo
    • The Director's decision
    • All relevant correspondence and documents between the Director and the parties
  • The complainant's appeal and any attachments

  • The respondent's response to the appeal and any attachments

Note: The Chief can choose to ask a tribunal member to review the information and make a decision.

Decision of the Chief of the Commission and Tribunals

The Chief will make their decision in writing. A letter with the decision will be sent to the complainant and respondent telling you the Chief's decision.

The Chief may agree with (uphold) or disagree with (overturn) the Director's decision.

  • If the Chief agrees with the Director's decision
    If the Chief agrees with (upholds) the Director's decision to dismiss or discontinue the complaint, the complaint file will be closed and it will not go to the tribunal process. This decision is final.

  • If the Chief disagrees with the Director's decision
    If the Chief disagrees with (overturns) the Director's decision to dismiss or discontinue the complaint, the complaint will go through the tribunal hearing process. The complainant will be responsible for presenting their complaint to a Human Rights Tribunal (this is called having "carriage of the complaint").

After the appeal

In some circumstances, you can apply for a judicial review. To find out if you have a valid reason for a judicial review, consult a lawyer.

A judicial review happens through the Court of Queen's Bench.

If you wish to apply for a judicial review, you must:

  • File an Originating Application for Judicial Review (form 7, Alberta Rules of Court, rule 3.8) with the Court within six months from the date the Chief of the Commission and Tribunals made their decision.

  • Decide if you need a lawyer to assist you. If you do, contact the Law Society of Alberta's referral service or Legal Aid Alberta for help finding one.

 

Revised: March 12, 2021


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