Investigation Process
INFORMATION SHEET
A printable PDF version of this information sheet is available.
The Alberta Human Rights Commission is launching
revisions to its complaint resolution process. The revisions will affect the
way that complaints accepted after January 1, 2019 are processed. The
Commission is responding to the need to change the complaint resolution process
to ensure that the large volume of complaints received are resolved in a
timely, effective, and fair manner.
The goal of the revised complaint resolution process is
to resolve complaints within one year of acceptance. Streamlining services and
maximizing the use of technology will assist in better serving the needs of
Albertans.
This information sheet outlines the key components of the
Commission’s revised investigation process. For more information about the
revised conciliation process, please see the Commission’s Conciliation Process
information sheet.
All human rights complaints accepted after January 1,
2019, will be assigned to a human rights officer, who will review the complaint
and response. The officer will either decide on an early resolution process, or
determine the process most likely to bring the complaint to resolution. The
file will be assigned to either the investigation process or conciliation
process. While each complaint will only receive one process for resolution,
parties assigned to investigation who wish to engage in settlement discussions
are encouraged to do so. Parties can also ask for the support of the Commission
in those discussions, and the request will be considered based on available
resources.
The officer will communicate, by email or mail, what
information should be provided by the parties before the next step of review.
It is important for parties to provide that information as promptly as
possible.
When a complaint is assigned to the investigation
process, it will be assigned to a human rights officer (investigator) expert in
human rights law and investigation. The investigator will review the
information already collected on the file, and may contact the complainant and
respondent requesting additional information. All information provided by each
party will be shared with the other party and an opportunity provided to
comment on the information as part of the fair and reasonable investigation
process. It is very important for the parties to cooperate in the investigation
and to respond to the time limits set out for response. These time limits
ensure an efficient and effective investigation process so that delay does not
prejudice either party.
When the investigator is satisfied that the information
supports a recommendation on the file, an investigation memo will be prepared
and shared with the parties. In some cases, the investigator will discuss with
the parties whether a fair and reasonable settlement offer should be made. If
such an offer is made and refused by the complainant, the investigator may make
a recommendation that the complaint be discontinued. Also, the complainant may
choose to contact the investigator and withdraw the complaint at any time
during the investigation.
The parties receive the opportunity to review the
investigator’s recommendations and comment on the investigation memo before it
is referred to the Director of the Commission (Director). The Director’s
decision (as per section 22 of the Alberta Human Rights Act), considering the
investigation memo and any further relevant information provided by the
parties, will be to either dismiss or discontinue the complaint, or report to
the Chief of the Commission and Tribunals that the parties have been unable to
settle.
If the Director dismisses the complaint because it has no
merit, or discontinues the complaint on the basis that a fair and reasonable
offer to settle has been made and refused, then the parties will be informed
and the complaint will be closed. Information on requesting a review of the
Director’s decision is available at albertahumanrights.ab.ca.
If the case is referred to the tribunal, please see information on
the tribunal process.
December 2019
The Alberta Human Rights Commission is an independent commission of the Government of Alberta.
Due to confidentiality concerns, the Commission cannot reply to inquiries about specific situations by email. Please call the Commission's Confidential Inquiry Line if you have a specific question.
You can access information about making FOIP requests for records held by the Commission on our Contact us page.
The Commission will make publications available in accessible formats upon request for people with disabilities who do not read conventional print.