Practice direction: Requests to withdraw a complaint
The Canadian Human Rights Tribunal is committed to the fair, just and efficient resolution of proceedings before it. This Practice Direction provides guidance to participants in Tribunal proceedings. It is not a rule within the meaning of the Tribunal’s Rules of Procedure.
What does withdrawing a complaint mean?
Withdrawing a complaint means that the inquiry before the Tribunal ends and is discontinued.
Who can withdraw a complaint?
Only the complainant (the person who filed a complaint at the Canadian Human Rights Commission) can withdraw their complaint. A complainant’s legal counsel/authorized representative may make the request to withdraw on behalf of the complainant.
When can I withdraw my complaint?
A complaint can be withdrawn any time before the Tribunal issues its final decision. This includes withdrawing the complaint during mediation.
How do I withdraw my complaint?
Contact the Tribunal by emailing the Registry and ask to be sent a Request to Withdraw form. Return the completed form to the Tribunal. Remember to include the Tribunal’s file number(s) and the complete title of the complaint [complainant name(s) v. respondent name(s)] on the form. You must also send the completed form to the other parties to the complaint or their legal representative. If the Canadian Human Rights Commission participated in the Tribunal inquiry, you must also send Canadian Human Rights Commission counsel a copy.
What happens next?
The Tribunal will let you know that it received your request. If you are the only complainant and you have withdrawn your complaint against all the respondents, the Tribunal will close its file and the inquiry into your complaint is discontinued. The Tribunal will write to you and the other parties confirming the withdrawal and discontinuing of the inquiry.
The public may ask to access the Tribunal’s record of a withdrawn complaint. See the Tribunal’s Policy on Access to the Official Record for more information about this process.
What if there are other complainants?
If there are other complainants, the Tribunal’s inquiry into their complaints continue. As you are no longer a complainant, you do not have the right to participate in the inquiry. Any party may ask you to be a witness for them.
What if I only withdraw against some, but not all, respondents?
If you withdraw your complaint against some, but not all, respondents, the inquiry into your complaint against those respondents ends and the inquiry into the remaining respondents proceeds.
Can I change my mind about withdrawing a complaint?
No. Once a complaint is withdrawn, the Tribunal’s inquiry into it is discontinued and the Tribunal’s file is permanently closed.
Questions? Contact the Registry.