Complainants

How does the complaint process work?

There are 5 possible steps:

1) The complainant fills out the complaint form and sends it to the NWT Human Rights Commission.

• Complaint Form & Guide

2) The Director reviews the complaint to make sure the NWT Human Rights Act covers the allegations in the complaint. If it does, the complaint will proceed. If it doesn’t, the complaint stops here. If the complaint goes ahead, a human rights officer contacts the respondent. The respondent gets a copy of the complaint.

• Grounds of Discrimination

3) A mediator may be appointed to discuss the complaint with the complainant and the respondent, and to help them settle the complaint.  The complainant and the respondent may each bring a support person to mediation meetings.  The support person can be a friend, relative, lawyer, or other advocate. People share information during mediation. It is confidential.  If the complainant and respondent agree on a solution, the complaint ends here.  If they don’t, the complaint moves to the next step.

• Mediation brochure

4) If mediation doesn’t resolve the complaint, the complaint may be investigated. The investigator speaks to the complainant and respondent to get both sides of the story. The investigator also gathers documents and interviews witnesses. The investigator writes a report summarizing the information gathered. The complainant and the respondent receive the investigator’s report. They can respond to the report before the Director decides to dismiss the complaint or refer it for a hearing.

• Investigation brochure

5) An adjudicator oversees the hearing.  Adjudicators are separate and independent of the Commission and the Director. The adjudicator listens to the complainant, the respondent, and witnesses. The adjudicator decides if the respondent broke the law. If they didn’t, the adjudicator dismisses the complaint. If the respondent broke the law, the adjudicator may order them to stop the discrimination. The adjudicator may also order the respondent to pay the complainant for lost wages, benefits or hurt feelings.

• NWT Human Rights Adjudication Panel

→   View our complaint process overview.

How long does the complaint process take?

The process can normally last 6 months to 2 years.  It will take less time if mediation settles the complaint early in the process.  It will take more time if there is a lot of information and witnesses, and a full hearing.

What rules govern the complaint process?

• The complaint must be filed within 2 years from when the discrimination happened.
• The complaint must be filed by the person affected by the incident of discrimination, or by his or her legal guardian.
• The person who filed the complaint may withdraw it at any time.
• The complaint must be about discrimination in the NWT that is covered by the Act.
• No one pays money to the Commission to file a complaint.
• No one can be fired, evicted, expelled, or punished in any way because of the complaint.
• The complainant can appeal a decision to dismiss the complaint. The complainant or the respondent can also ask the NWT Supreme Court to review an adjudicator’s decision.

→  To learn more about the types of complaints accepted by the Commission visit Your Rights or Publications.