Review of the Director's dismissal

When the Director dismisses a human rights complaint, the complainant can submit a request for review. This means asking the Chief of the Commission and Tribunals to review the Director's decision.
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What is a request for review?

The Director of the Commission has the power to dismiss complaints for several reasons. If a complainant does not agree with the Director's decision to dismiss the complaint, they may ask the Chief of the Commission and Tribunals to review the Director's dismissal. Complainants must submit the request for review within 30 calendar days of getting the Director's dismissal.

The Alberta Human Rights Act sets out strict timelines and procedures that everyone must follow for a request for review. For more information, refer to the Act, the Alberta Human Rights Commission Bylaws, and the Information about the Request for Review process.

What you need to know

  • A complainant may submit a request for review when they believe the Director should not have dismissed their complaint.
  • A request for review is an appeal where a complainant asks the Chief to review the Director’s dismissal. The complainant must explain the reasons why the Chief should review the Director’s decisions.
  • Only the complainant, or their legal or authorized representative, can submit a request for review of the Director’s decision.
  • Complainants must submit the written request for review to the Tribunal Office within 30 calendar days of getting the Director’s decision. This deadline cannot be extended.
  • Respondents will get a copy of the complainant’s request for review and can respond within 30 calendar days.

Steps to submit a request for review

If you are a complainant and you disagree with the Director's decision to dismiss your complaint, then you can take the following steps:

  1. Make your request for review in writing (preferably typed).
    • It must include:
      • reasons why the Chief should review the Director's decision
      • any information you believe is relevant to the complaint, but do not include new allegations
    • Make sure your request for review is no more than 30 single-sided pages, including attachments.
  2. Submit your request for review to the Tribunal Office within 30 calendar days of getting the Director's decision.

Steps to respond to a request for review

If you are a respondent to a complaint, the Tribunal Office will send you a copy of the complainant's request for review, including any attachments. If you choose to respond to the request for review, you can take the following steps:

  1. Make your response in writing (preferably typed), including any information relevant to the complaint. Make sure your response is no more than 30 single-sided pages, including attachments.
  2. Submit your response to the Tribunal Office within 30 calendar days of getting a copy of the request for review.

Contacting the Tribunal Office

You can submit or respond to a request for review by email to AHRCTribunal@gov.ab.ca.

If you are unable to submit or respond to a request for review by email, contact the Tribunal Office as soon as possible.

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.

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.

If the Director dismisses a complaint, the Director will send the complainant a Notice of Dismissal by email or registered mail (only if the complainant does not have email). The 30-day time limit to submit a request for review starts:

  • if sent via email, 30 days from the date the Director sends the email
  • if sent via registered mail, 30 days from the date the mail is delivered

The 30-day period includes weekends and statutory holidays. Figuring out the 30-day period can be complicated, so contact the Tribunal Office if you have questions.

At the end of the 30-day time limit for the respondent to respond, the Chief will review and decide on the request for review. This process involves reviewing written submissions from the complainant and respondent, as well as information on the complaint file from the Director. The Chief will not require new information from the parties at this point in the process.

The Chief will review:

  • all the information reviewed by the Director in making the dismissal decision
  • the Director’s decision
  • the complainant's request for review and any attachments
  • the respondent’s response to the request for review and any attachments

The Chief can also ask a Member of the Commission to review the information and decide on the request for review.

After reviewing the written record, the Chief will decide whether the complaint should have been dismissed. The Chief may uphold (agree with) or overturn (disagree with) the Director’s decision. The Chief will make their decision in writing. The complainant and respondent will receive a letter with the Chief’s decision. The Chief’s decision is final, unless the party has grounds to apply for judicial review.

If the Chief upholds the Director's decision to dismiss the complaint, the complaint file will be closed and it will not go through the Tribunal process.

If the Chief overturns the Director's decision, the complaint will go through the Tribunal process. The complainant must present their complaint to a tribunal (this is called having “carriage of the complaint”). For more on the Tribunal process, refer to The Tribunal process page.

No, they will not. When the Chief or a Member conducts a request for review for a complaint, they are not eligible to hear the complaint. A different Member will be assigned to hear the complaint.

The Tribunal or Chief of the Commission and Tribunals may use initials to protect the identities of parties or participants in some situations. For example, the Tribunal uses initials to:

  • protect the identity of minors under age 18
  • protect the identity of parties and participants in a hearing where it is necessary to protect their health or other sensitive information

Refer to the Requests for anonymization of tribunal decisions practice direction to learn more.

Judicial review is a process where a justice of the Alberta Court of King’s Bench reviews a decision of the Alberta Human Rights Tribunal or the Director for an error in law.

If you file a judicial review, you must serve it on the Alberta Human Rights Tribunal at OCCTlegal@gov.ab.ca. To apply for judicial review, you must file an Originating Application (Form 7) with the Court within six months from the date of the decision. This is a strict timeline and cannot be extended. You must contact the Court with any questions about this process. The Tribunal Office cannot give any legal advice on court applications. There is a fee to file an originating application. Talk to a lawyer to see if you have a valid reason for judicial review and to get more information on how to apply. For more information on where to get legal help, refer to the Other helpful agencies page.