Investigation
The Commission must investigate every complaint " to the extent sufficient for fairly and properly disposing of it". The purpose of the investigation is to prepare a recommendation for the Board of Commissioners about whether or not the complaint should be dismissed or should be referred to a member of the Human Rights Adjudication Panel for a final decision.
At the end of the investigation, the investigator may recommend that the complaint be dismissed because:
- it is frivolous and vexatious, including an abuse of process or there is no reasonable basis for the complaint;
- the act or omissions in the complaint do not contravene The Human Rights Code, including the allegation in the complaint does not fall within the jurisdiction of the Commission; and
- there is insufficient evidence to support the alleged contravention of The Human Rights Code.
The investigator will give both parties the opportunity to provide evidence to support their position and may interview other people who have information relevant to the complaint. The Commission has broad authority to obtain documentation or evidence related to the complaint.
It currently takes several months for an investigator to be assigned to a complaint and arrange interviews. Most investigations are completed between 4 and 12 months of the investigator contacting the parties, depending on the complexity of the complaint and legal issues raised.
