The Manitoba Human Rights Commission is the agency responsible for carrying out the provisions of The Human Rights Code. The Code supports the principle that every person is free and equal in dignity and rights, and requires that people receive equality of opportunity based on their individual merits without regard to group stereotypes. The Human Rights Code is administered by 10 Commissioners, who are members of the public, appointed by the Lieutenant-Govenor-in-Council. They are assisted by staff located in Commission offices in Brandon, The Pas, and Winnipeg.
The Code protects individuals from discrimination that may occur in a number of areas, including employment, housing and services available to the public, because of group characteristics including:
A complaint, as defined by The Human Rights Code, is a formal document claiming that someone has contravened The Human Rights Code.
Who may complain?
Anyone (including the Commission itself) who believes that illegal discrimination has occurred may file a complaint at one of the Commission's offices in Winnipeg, Brandon and The Pas. Every complaint should be filed within six months of the last alleged instance of the contravention. The Executive Director of the Commission may, under special circumstances, extend the time limit for filing a complaint. This would only occur when there is be no undue prejudice to the respondent.
Once a complaint has been filed, a copy of the signed complaint form will be delivered (generally by mail) to the respondent. The Respondent is invited, at this time, to provide a formal reply to the complaint.
Preliminary Assessment: Following the receipt of the reply and review with the complainant, the matter can sometimes be referred directly to the board of Commissioners for disposition. In other cases this preliminary assessment does not produce sufficient evidence to properly dispose of the matter and it is forwarded for a full investigation.
Early Resolution Initiatives: At any time after a complaint has been filed and before the investigation is complete either party may initiate a "no fault" resolution. A complainant may advise the respondent of the remedy being sought on the understanding that acceptance of the proposal (or an acceptable counter-offer) will terminate the proceedings. Alternatively, the respondent may initiate an early resolution by offering a remedy for the complainant to consider. In either case, negotiations are confidential and without prejudice. An agreement between the parties will result in the Commission terminating proceedings as resolved. When a complaint is disposed of in this manner, there is no finding of fault and no assessment of the merits of the complaint.
If early resolution is not successful, the investigation of the complaint resumes.
Investigation: When a complaint is not disposed of during the preliminary assessment phase and requires further investigation, it will be assigned to an investigating officer. Once assigned, it is the officer's responsibility to determine the facts of the case and to ensure that the rights of both parties are protected.
At this stage, the Human Rights Officer is required to conduct an objective and impartial investigation of the facts. That is, he or she will seek evidence which supports the respondent's as well as the complainant's position. Witnesses will be interviewed and relevant documents will be examined at this time.
Respondents are not required by law to discuss the complaint with an investigator. However, as the Commission must make a finding based on the available facts, a respondent, by not replying, only limits the information available to the Commission to render such a decision. The investigation process is more complete where both respondents and complainants cooperate fully with the investigator.
The investigation is conducted on a confidential basis. Unless the complaint reaches Adjudication or the courts, the information obtained is made available only to the Commission.
It is illegal for anyone to obstruct the investigation process. Further, The Human Rights Code also prohibits retaliation against complainants or other persons who may be involved in the investigation. An employer, for example, who threatens to fire an employee for filing a complaint or serving as a witness for a complainant could be held liable for these actions.
On conclusion of the investigation, the findings are set out in a report which is disclosed to both parties. At this time, the parties to the complaint have the opportunity to submit a response to the report. Responses/information provided by either party at this time will be submitted, along with the investigators report for consideration by the Commission.
If the allegation does not appear to be supported by the evidence, the report will recommend that the board of Commissioners dismiss the complaint. On the other hand, the report may recommend that the Commissioners refer the matter back to staff for mediation on the basis that the investigation has revealed probable cause for concluding that there has been a contravention of The Human Rights Code.
Mediation: Mediation (or conciliation as it is known in other jurisdictions) is a process common to most Canadian human rights complaint procedures. This allows for complaints to be voluntarily settled without adjudication. In this stage, the officer will mediate between the parties, ensuring that they fully understand the process and are able to make informed decisions. If the respondent proposes a settlement that is acceptable to the complainant, the matter is closed as "settled". If the complainant rejects a settlement offer which the Commissioners deem to be reasonable, the matter may be closed as "unresolved".
Adjudication: An independent panel of adjudicators has been appointed by the Lieutenant-Governor-in-Council. When the Commission determines that adjudication of a complaint is necessary in order to further the objectives of The Code, it may request the Minister to designate a member of this panel to hold a hearing and decide the validity of the complaint.
A hearing, which is open to the public, is presided over by the Adjudicator. It is the Adjudicator's job to hear all the evidence, and to decide whether or not there is enough evidence to support the complaint. He or she is completely independent for the Manitoba Human Rights Commission.
Complaints of discrimination are matters of public interest, and it is in the public interest that they be resolved. Because of this, the Commission, rather than the complainant, is responsible presenting the complaint to the Board of Adjudication. Both the complainant, respondent and their respective witnesses (if any) may be subpoenaed and examined under oath at the hearing. All parties may be represented by legal counsel.
Should the Adjudicator decide that The Human Rights Code has been contravened, he or she may make an order which is legally binding. Such an order can involve an award of monetary damages or an order ensuring present and future compliance with The Human Rights Code. For example, a respondent may be required to reimburse a complainant for lost wages, provide denied housing or change a hiring practice which is discriminatory. An Adjudicator may also order the implementation of affirmative action or other special programs.
Any party to the an adjudication may apply to have the Adjudicators decision judicially reviewed by a Court of Queen's Bench judge.
Prosecution: In addition to the complaint and investigation procedure outlined, the Commission may recommend that the Attorney-General prosecute anyone who contravenes he Human Rights Code. Individuals found guilty of an offence under The Human Rights Code may be fined up to two thousand dollars. Businesses and organizations may be fined up to ten thousand dollars.
Both the complainant and the respondent have the following rights:
This information is a simplified
description of parts of
The Human Rights Code.
For futher information contact The Manitoba Human Rights Commission office in your area.
