About the Tribunal

The Tribunal is the independent adjudicative arm of the Alberta Human Rights Commission. Complaints must first go through the Commission’s complaint resolution process before they can go to the Tribunal.
Abstract collection of circles, half, and quarter circles relating to the dot in the Commission logo. Elements are one of two blue colours or one of two browns.

What is the Tribunal?

The Tribunal is the independent, adjudicative (decision-making) arm of the Alberta Human Rights Commission. The Tribunal is an administrative tribunal, which means it has powers and procedures similar to a court of law, but is less formal (known as "quasi-judicial").

The Tribunal consists of Members of the Commission, which includes the Chief of the Commission and Tribunals. Members review the Director's dismissal decisions and form tribunals to decide on human rights complaints.

Members are lawyers who are experienced in human rights or administrative law. A Member acts as a mediator in a Tribunal Dispute Resolution (TDR) meeting. If the complaint is not resolved through TDR, it goes to a tribunal hearing. A Member is the decision-maker in a tribunal hearing. For more information on Members, refer to the Our people page.

The Tribunal’s work is independent from Director of the Commission’s work in resolving complaints. The Lieutenant Governor appoints the Members. Members are not Government of Alberta employees or Commission employees. The Tribunal Office is separate from the Office of the Director of the Commission, and staff have different roles.

What you need to know

  • Complaints must go through the Commission’s complaint resolution process before they can go to the Tribunal.
  • Complaints only go to the Tribunal if the Director refers it there or if a Member overturns the Director’s dismissal after a request for review.
  • The Tribunal delivers a quasi-judicial adjudication process under the Alberta Human Rights Act.
  • The Tribunal is independent from the Office of the Director of the Commission, with its own offices and staff.
  • The Tribunal is committed to a process that is fair, timely, and accessible to all parties.
  • The Tribunal is comprised of Members, who are neutral decision-makers and have knowledge and training in human rights law and issues.

When the Tribunal hears complaints

Complaints must first go through the Commission’s complaint resolution process before they can go to the Tribunal. For more information on the Commission’s process, refer to The complaint process page.

Not all human rights complaints end up before the Tribunal. Complaints only go to the Tribunal when:

  • the Director refers a complaint to the Chief for resolution, or
  • the Chief or a Member overturns (disagrees with) the Director’s dismissal decision after the complainant files an appeal (known as a request for review).

If a complaint reaches the Tribunal, the parties can voluntarily participate in TDR, which is a form of mediation. A complaint may also go to a Tribunal hearing. Tribunal hearings allow parties to tell the Tribunal their positions. For more information on Tribunal processes, refer to The Tribunal process page.

FAQs

If the Commission does not accept your complaint, we will send you a letter with the reason why. You can ask the Commission to reconsider this decision within 30 days. The Office of the Director of the Commission will assign a different human rights officer to review your complaint again. If the Director’s office does not accept your complaint again, then the decision is final. You cannot appeal this decision to the Tribunal or the Chief. However, you can ask the Court of King’s Bench for a judicial review of the decision.

The Commission not accepting a complaint is different from the Director dismissing the complaint. A dismissal can happen at any time in the complaint process. When the Director dismisses a complaint, the complainant may ask the Chief to review the Director’s dismissal. Refer to the Review of the Director’s dismissal page to learn more.

The Lieutenant Governor appoints Members of the Commission through an Order in Council, either through open competition or direct appointment. Members have:

  • law degrees
  • knowledge and training in human rights issues
  • experience and training in conducting mediations and negotiations

For more information on serving on public agencies, boards, and commissions, refer to the Government of Alberta website.

Under section 21(1) in the Alberta Human Rights Act, the Director of the Commission can refuse or dismiss a complaint. For example, the Director may at any time dismiss a complaint, or part of the complaint, if they determine it:

  • is without merit
  • was made in bad faith for an improper purpose or motive
  • has no reasonable prospect of success
  • is being, has been, will be, or should be more appropriately dealt with in another forum or under other legislation

Under section 21(2) in the Act, the Director may also refuse to accept or dismiss a complaint, or part of it, if it:

  • is not within the Act’s jurisdiction
  • does not comply with the Act or the Commission’s bylaws
  • is being, has been, will be, or should be more appropriately dealt with in another forum or under other legislation

The Director may also dismiss a complaint or part of a complaint if the complainant refuses to accept a fair and reasonable proposed settlement.

The Director may refer the complaint to the Chief of the Commission and Tribunals for resolution.

The Director’s decision-making authority comes from section 21 of the Act.

The Director may or may not take carriage of the complaint before the Tribunal. This authority comes from section 29 of the Act.

Playing

A human rights officer from the Office of the Director of the Commission reviews and assesses potential complaints under the requirements in the Alberta Human Rights Act and the Commission’s Bylaws. An officer may not accept a complaint if:

  • the complainant does not return the completed complaint to the human rights officer within 30 days after the officer requests more information
  • the Commission does not have jurisdiction to deal with the issue
  • the complainant has not provided the respondent's name and address
  • the complaint does not comply with the Act and the Commission's Bylaws.
  • the Commission received and dealt with a similar inquiry or complaint
  • the complaint is deemed to be frivolous or vexatious
  • the issue is being, has been, will be, or should be more appropriately dealt with in another forum or under other legislation

If the Commission does not accept your complaint, we will send you a letter with the reason why.