Case Inventory Resolution Project
Conciliation Stream

INFORMATION SHEET

A printable PDF version of this information sheet is available.

The Alberta Human Rights Commission is launching the Case Inventory Resolution Project to deal with the case inventory more efficiently through streamlined processes. Some complaint files have been waiting a significant time in the queue, and the Commission is making every effort to address the issue of wait time to resolve complaint files in a timely manner.

The human rights complaints that were accepted before January 1, 2019 and were awaiting assignment for conciliation will be handled through the Conciliation Stream. This information sheet explains the steps involved in the Conciliation Stream.

  1. The Commission will provide the complainant and respondent with a date to attend a half-day conciliation meeting in an effort to resolve the complaint. The in-person conciliation meeting will be attended by the complainant, the respondent, any legal counsel and the human rights officer who has been assigned to the file. The conciliation meeting will take place in Edmonton or Calgary, whichever is the closest city center to where the parties live. The parties will be given two months’ notice of their scheduled conciliation meeting date and are encouraged to attend the date provided. Changes to the date may be considered within 5 days of receiving the letter. After that time, no changes to the date will be made, unless there are exceptional circumstances (i.e., illness).

  2. A human rights officer, who is an expert in human rights law and is a trained conciliator, will contact the parties to gather additional information that may assist in resolving the complaint.

  3. At the in-person conciliation meeting, the human rights officer will help to define the human rights issues in the complaint. The human rights officer will assist the complainant and respondent to generate possible solutions to the issues. The objective is to find a satisfactory solution for all parties.

  4. If the parties agree to settle the complaint, they will sign a Memorandum of Agreement and Release that will document the settlement offer and the agreement. The Commission will close the complaint once the agreement is fulfilled.

  5. In circumstances where the parties are unable to find a resolution to the complaint, the human rights officer will prepare a summary of the complaint and response and make a recommendation to the Director of the Commission (Director). The complainant and respondent will have an opportunity to make submissions to the Director on the human rights officer’s recommendation.

  6. The Director will then decide to dismiss the complaint or report to the Chief of the Commission and Tribunals (Chief) that the parties were unable to settle, as per section 22 of the Alberta Human Rights Act. If the Director reports to the Chief that the parties are unable to settle, this will begin the Tribunal process. More information on the Tribunal process is available here.

  7. Where the human rights officer supports referring the matter to the Chief, the human rights officer may also provide the parties with a recommended settlement.

  8. The respondent may choose to make a settlement offer to the complainant. If the offer is not accepted, the Director may consider if it is a fair and reasonable offer and whether to discontinue the complaint as per section 22 of the Alberta Human Rights Act. The parties will be informed in advance of the Director discontinuing the complaint and have an opportunity to consider the settlement offer.

  9. If the Director dismisses or discontinues the complaint, then the parties will be informed and the complaint will be closed. Information on requesting a review of the Director’s decision is available here.

The expected timeline for addressing the files in the Conciliation Stream is 12 to 18 months. It is expected that the Conciliation Stream will be launched in May 2019.

Contact information
If you have any questions about how this process will apply to your complaint, please contact:
Northern Regional Office: 780-427-7661 (files starting with “N”)
Southern Regional Office: 403-297-6571 (files starting with “S”)
To call toll-free in Alberta, dial 310-0000 and then enter the area code and phone number.

March 2019


 


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