Videos

Hi, I'm Lisa.

A year ago, I filed a complaint of discrimination with the Canadian Human Rights Commission.

When I found out the Commission sent my complaint to the Canadian Human Rights Tribunal, I was nervous.

I didn't have a lawyer, or anyone who could help me figure out what was going to happen next.

Hi, I'm Philip and I'm a Registry Officer with the Canadian Human Rights Tribunal.

The Tribunal is similar to a court of law, but less formal, and it only hears complaints about discrimination.

When a complaint is referred to us from the Canadian Human Rights Commission, a Registry Officer, like me, is assigned to the file.

We become the point of contact between parties to the complaint, and the Tribunal.

This means parties should only communicate with their assigned Registry Officer.

We can't give legal advice, but you can get in touch with your Registry Officer if you have any questions about mediation, case management, or hearings.

What's the difference between the Commission and the Tribunal?

We get asked that a lot.

Let's take a look at what those differences are.

The Tribunal and the Commission are separate and independent institutions.

The Commission receives the complaint of discrimination.

Following an investigation, the Commission may refer the complaint to the Tribunal for inquiry.

The Tribunal finalizes the complaint either through a successful mediation or a full hearing.

During a hearing, the Tribunal examines evidence and listens to witnesses.

If the Tribunal finds that there was discrimination, it decides on an appropriate remedy.

It's important to understand that just because the Commission sent a complaint to the Tribunal, this doesn't mean the Commission believes discrimination took place.

It's up to a Tribunal Member to decide that.

Tribunal Members are legally trained, impartial decision makers with expertise in human rights.

First, I received a letter from the Tribunal telling me the Commission had referred my complaint to the Tribunal.

I wasn't familiar with some of the words in the letter.

It's really helpful to know what they mean.

The complainant is the person or group who filed the complaint of discrimination.

That's me.

The respondent is the person or group against whom the complaint of discrimination was made.

And the parties are the main participants in the complaint.

These include the complainant, the respondent, and the Canadian Human Rights Commission.

The letter asked if I was interested in a confidential, one-day mediation to try to resolve the complaint, instead of going straight to a public hearing.

It mentioned that a Tribunal Member would be assigned to be the Mediator.

That gave me confidence, so I decided to try mediation and the other parties agreed.

Mediation is completely voluntary.

And just like in Lisa's case, all parties must agree to mediation for it to happen.

If one of the parties decides not to go with mediation, the complaint proceeds to case management, and then on to a public hearing.

To find out more, please visit the CHRT website, and be sure to watch our other videos on mediation, case management and hearings.

Hi, I'm Lisa.

When my complaint of discrimination was referred to the Canadian Human Rights Tribunal, I was given the option to try and resolve the complaint through a confidential mediation first.

Or I could go straight to a public hearing.

I chose to start with mediation.

But I didn't have a lawyer, or anyone to help me, so I wasn't really sure what would happen during mediation.

Hi, I'm Paul, and I'm a Member of the Canadian Human Rights Tribunal.

So you'd like to know more about mediation.

Mediation is a voluntary, confidential, one-day process for resolving a human rights complaint.

No one is required to go to mediation.

You can go straight to a hearing if you want.

But if you choose mediation, all parties must agree to it, for it to happen.

Once I agreed to mediation, the Tribunal sent me a letter explaining how to prepare for mediation.

I have to admit, some of the terms in the letter were new to me.

For example, a Mediator is an independent and impartial Member of the Tribunal who is assigned to help the parties during mediation.

The letter said I needed to write something called a Mediation Brief.

This is a short description of the complaint.

Usually between one and 10 pages long.

I was told it should set out the main arguments of my complaint, and include any remedies I was looking for.

In my case, I was asking for $10,000 in pain and suffering, and a change in the company's policies.

Before the mediation session, the parties share their mediation briefs with one another and with the Tribunal.

Then a Registry Officer schedules the mediation at a neutral location convenient for all parties, like a hotel, another tribunal or at the Canadian Human Rights Tribunal offices, like in my case.

At some locations, just be aware that you might have to show your ID and sign in before you can enter.

On the day of the mediation, there were signs posted showing me where to go.

Before your mediation, or even at the very start of it, either party can ask to be in separate rooms for the entire Mediation.

For my mediation, we chose to sit in the same room to start, then moved to separate rooms later.

Good morning, everyone.

My name is Paul and I will be your Mediator today.

My role is to facilitate discussions between the two parties.

I don't judge cases.

I'm simply here to help you reach a mutually agreeable settlement.

The goal of mediation is for you to persuade the other party, not me, the Mediator.

Being independent and impartial, means I cannot impose a settlement, cannot make any decisions on admissible or inadmissible evidence, cannot give the parties legal advice, and cannot advocate for either party.

I also won't have access to the documents that were exchanged during the complaint process, so I won't be aware of all the documents and facts.

But, I will have thoroughly reviewed the original Complaint Form and the Mediation Briefs in preparation for your mediation.

Any notes I take will be destroyed at the end of the mediation and cannot be subpoenaed if the case goes to a hearing.

As well, I am not a compellable witness in any court or Tribunal proceeding.

In case you don't reach a settlement, I will not discuss the matter with any person or Member of the Tribunal.

The process is entirely confidential.

Lisa, I see you don't have a representative.

No, I don't. I'll be representing myself.

As the representative for ReadySet Telecom, Eric, do you have the authority to make decisions regarding the terms of settlement?

Yes, I do.

After the introductions, I will go over the ground rules for the session.

Everyone must mediate in good faith.

One person speaks at a time.

You should write down any thoughts or questions you have when someone else is speaking.

Be respectful. No personal attacks are allowed.

You can ask for a break any time, or to end the mediation at any time, but you must first speak with me.

Once the ground rules are laid out, a Mediation Agreement is distributed.

It states that all information shared during mediation will be confidential, and if mediation is unsuccessful, that information cannot be used during the hearing.

Once the Mediation Agreement is reviewed and signed by both parties, the mediation begins.

Now let's hear from each of you.

I'd like you to tell me what gave rise to the complaint and what you would like to get out of today's mediation.

Lisa, let's begin with you.

Last year on March 3rd, I sent my nephew to buy me a new cell phone and I needed it activated right away.

I couldn't go myself because I was recovering from surgery at the time and was very sick...

Once you've had your turn to speak, the other party will have a chance to respond.

It's always been our policy that people have to show up in person at one of our stores if they want same-day cell phone activation. This policy has been in place...

At different times during the mediation, the parties may want to meet privately with me.

This is called caucus.

I will not share what is discussed in caucus unless the parties give me their permission.

The respondent is willing to offer you $5,000 in compensation, but they are unwilling to change their policy.

Lisa is willing to accept your offer of $5,000, but if you won't agree to change your policy, she's not going to settle today.

If a settlement agreement is reached during mediation, both parties will be asked to review and sign the Minutes of Settlement.

The complaint will be closed and there will be no need for a hearing.

If a settlement is not reached, like in Lisa's case, the complaint will proceed to case management and then on to a hearing.

Under standard mediation procedures, a different Member of the Tribunal will be assigned to that hearing.

To find out more about mediation, please visit the CHRT website, and be sure to watch our other videos on the preliminary process, case management and hearings.

Hi. I'm Lisa.

When my complaint of discrimination was referred to the Canadian Human Rights Tribunal, I agreed to participate in a confidential mediation to try to resolve the complaint.

When mediation was unsuccessful, the complaint was sent to a hearing.

But before that could happen, there was something called pre-hearing case management.

I didn't have a lawyer, or anyone to help me so I wasn't sure what would happen during case management.

Hi, I'm Philip, and I'm a Registry Officer with the Canadian Human Rights Tribunal.

During pre-hearing case management, the Tribunal helps the parties prepare for the upcoming hearing of a complaint.

This is usually done by a conference call.

I was a little confused about how to prepare for the call.

Understanding some of the terminology was the first step.

There's something called a Statement of Particulars that has to be sent to the Registry Officer before the conference call.

All parties have to complete one.

It's a description of how you plan to prove your case at the hearing.

A Statement of Particulars has five parts.

First, is the statement of facts.

This is your version of the events that led to the complaint.

The second part includes the legal issues, information about what type of discrimination happened and how it was connected to one or more of the types of discrimination listed in the Canadian Human Rights Act.

Like did it have something to do with your race, religion or age?

Also, how did the treatment affect you?

The third part of the Statement of Particulars is the remedy you're asking for.

The fourth part is your list of documents.

This includes all the documents you have that relate to the case.

The process of exchanging this information is called disclosure.

Fifth is your list of witnesses who are the people you'd like to call to testify at the hearing and a summary of what each witness will testify about.

Disclosure helps all of the parties avoid surprises at the hearing by ensuring everyone knows the evidence and arguments that will be given by the other parties.

Once the Registry Officer receives each party's Statement of Particulars, you'll receive an email letting you know the name of the Tribunal Member hearing your case.

This email will also ask you about your availability for the conference call.

These calls usually last less than an hour.

Once the date for the conference call was set, I received an email with a dial-in phone number and conference ID that I used to join the call.

It was really easy.

The email also included an agenda that helped me prepare for the conference call.

Ahead of the call, I made sure that I knew the dates I was free for the hearing and where I wanted it to take place.

At the start of the conference call, the Registry Officer introduced himself and made sure all the parties were on the line.

The Tribunal Member joined the conference and the Registry Officer began recording the call.

Good afternoon, everyone.

You have all received an agenda for this teleconference and I've reviewed each party's Statement of Particulars.

Before we go further, I would like to invite both parties to ask questions if I say anything you don't understand.

Also, as your hearing is public, let me know if any documents you submit need to remain confidential. Shall we proceed?

The member then asked both parties about the information in each of our Statement of Particulars.

She confirmed the number of witnesses, and asked if either of us had any expert witnesses like a doctor or an accountant.

We both told her we did not.

Then the member asked if we'd like to come up with an agreed statement of facts.

She said it wasn't mandatory, but it would be helpful if we agreed on what happened so they wouldn't have to hear evidence at the hearing.

We said we'd definitely discuss the idea further.

Now can I get everyone to take a look at their calendars.

It was time to talk about scheduling the hearing, but I had no idea how long hearings usually last.

She told me they average five business days and we can always book more time if we need it.

Then we talked about the location of the hearing.

I live in Guelph and I wanted the hearing to be here, but the respondent said all of his witnesses live in Toronto.

The member said that a hearing normally takes place wherever the incident happened, so she made the decision to hold it in Guelph.

Fortunately, the respondent didn't object and the location was set.

After the conference call, the Registry Officer sent me a short summary of the decisions and the Member's instructions from the call.

I also received a Notice of Hearing letter that included the dates, time, and location of the hearing.

After the conference call, I was feeling a lot more confident.

Before the hearing, I confirmed the hearing date and time with my witnesses, and I kept working on how I was going to present my case.

I made sure I was ready for my hearing.

To find out more about pre-hearing case management, please visit the CHRT website, and be sure to watch our other videos on the preliminary process, mediation and hearings.

Hi, I'm Lisa.

My complaint of discrimination was referred to the Canadian Human Rights Tribunal.

When mediation was unsuccessful, the complaint was sent to a hearing.

I didn't have a lawyer, or anyone to help me so I was a little worried.

I wasn't sure what would happen at the hearing.

Hi, I'm Philip, and I'm a Registry Officer with the Canadian Human Rights Tribunal.

At a hearing, parties present their evidence, witnesses and arguments to the Tribunal who then decides if discrimination has occurred.

A hearing can take place in many different settings; like a hotel conference room, court room or in the Tribunal's hearing rooms in Ottawa.

When I entered the hearing room, the Registry Officer introduced himself and showed me to my seat.

It was on the left.

The respondent and their lawyer were sitting on the right.

Between us was a table where the Canadian Human Rights Commission lawyer would sit if they were in attendance.

They were not for my hearing.

There were even members of the public sitting at the back.

And my sister and partner were there as well, to support me.

The Registry Officer asked everyone to complete a Record of Appearance.

I had to fill out my name, address, and the names of the witnesses I planned to call.

After introducing himself, the Registry Officer gave us a few last minute instructions.

He also let us know that the hearing was being recorded.

Order please.

All rise.

And with that, the Tribunal Member who was hearing my case entered the room.

The Member acted like a judge and sat at the front of the hearing room.

Please be seated.

The case we are hearing today has been filed under Section 5 of the Canadian Human Rights Act by Lisa Davis...

Once the case was introduced, it was time for the parties to introduce themselves.

I went first, followed by the respondent.

Then we were asked if we wanted to make an opening statement - a summary of what we intended to prove during the hearing.

I believe it's important that disabled Canadians have access to services offered to the rest of Canadians.

So during this hearing...

Next, we were asked to call our witnesses.

Before they could testify, they had to take an oath.

Each party could ask the witnesses questions.

This is called examination.

It's helpful to know that there are three kinds of examination:

Direct examination is when you ask questions of a witness you called to the hearing.

Cross-examination is when you ask questions of a witness who was called by the other party.

And re-examination is when you ask additional questions of the witness you called, after the other parties have cross-examined that witness.

Before the hearing, I got a letter with instructions on how to prepare a Book of Documents, which is a three-ring binder of materials divided by tabs, where you'll keep any documents, pictures or objects that you intend to use as evidence at the hearing.

You'll need to bring at least five copies of your Book of Documents to the hearing - one for each party, and three for the Tribunal which you'll give to the Registry Officer before your first witness begins testifying.

When you're questioning a witness, you can refer to your Book of Documents.

Can my Book of Documents be entered as an exhibit?

The complainant's Book of Documents is entered as exhibit C-1.

Mr. Martin, would you please identify the document in Tab 2 of C-1 for the Tribunal?

Once all the witnesses are examined and all the evidence is given, each party has the chance to give a final argument where they explain what facts they believe have been proven by the evidence, and why.

It's a good idea to take notes during the hearing, so you're prepared for your final argument.

Cell phones are necessary for all Canadians, especially disabled Canadians who live alone...

Your final argument should include the remedy you are asking for and a recap of the evidence that supports this request.

I am asking that ReadySet Telecom make it easier for disabled Canadians to get fast service and I would like to claim...

After the hearing, the Tribunal issues a decision stating whether or not they believe discrimination happened.

The Tribunal tries to release a decision as quickly as possible, but more complex cases may take longer.

To find out more about hearings, visit the CHRT website, and be sure to watch our other videos on the preliminary process, case management and mediation.