Complaint Process

After a complaint form is signed, it is assessed for either early resolution or investigation. Parties are invited to attempt to restore relationships and repair harms through respectful dialogue. If resolution isn’t achievable the complaint process can proceed to different outcomes depending on the facts of the complaint.

Early Resolution

Early resolution supports parties to enter discussions to address the alleged discrimination outlined in a complaint. Many people find this a satisfying way to communicate their stories, explain their perspectives, and repair harm that occurred in a relationship or community.

Early resolution is facilitated by Commission staff who use a trauma-informed approach and ensure the values of safety, respect and kindness are upheld for all participants. The

facilitators create an environment where all parties can tell their stories without fear of ridicule, harassment, embarrassment, or rejection. This empowers individuals to share their experiences with honesty and courage. Participants tend to feel a sense of control over what is happening and are inspired to express their desired outcomes and advocate for their needs with confidence. Both the complainants’ and respondents’ voices are heard, and the needs of all participants are considered in making the space safe and comfortable.

There is no fact finding, debating, or presentation of evidence in early resolution, and the conferences are conducted without the goal of finding fault or blaming. The goal is to share, listen, learn, and agree on what needs to happen to make things right. These valuable discussions can open the door for creative problem-solving and meaningful outcomes.

While early resolution is “off the record”, settlement agreements in early resolution are formal and upheld by the Act. If a settlement is not reached, or if either party declines to participate, the complaint proceeds to an investigation.

Parties in an early resolution conference must confirm they understand that - as with all settlement negotiations - it is confidential. Information heard during the resolution conference should not be used in any manner outside of this process. Commission staff do not share information with other staff should the matter not settle.

Investigation

If a complaint cannot be resolved through early resolution it will be assigned to a Human Rights Officer (HRO) for investigation. The HRO will be the point of contact for the parties throughout the investigation process. Their role is to carry out a non-biased and neutral investigation of the allegations. They are not an advocate for either party. The HRO will collect information from the parties involved in the complaint. When they have enough information to determine whether the events and circumstances could be a violation of the Act, they will prepare an investigation report and make a recommendation on the next step in the process. This investigation report will be shared with both parties.

Investigations can be lengthy and may involve interviewing witnesses, reviewing documents, and visits to facilities. The HROs are investigating many complaints at any one time and are often required to seek information from multiple sources so delays can occur.

Recommendation for Dismissal

In some circumstances - and during the early stages of an HRO’s investigation - it may be determined that the information gathered does not support a claim of discrimination under the Act. If the materials and information provided do not support a complaint of discrimination, the complaint may be dismissed under section 29(4) of the Act. In this case, the parties will receive a letter from the HRO explaining their recommendation. The parties are given 15 business days from receipt of the recommendation letter to provide written responses.

After the 15 business days, the HRO’s recommendation letter and the parties’ submissions are placed before the Director and CEO to make a final decision.

At this stage, the Director and CEO can agree with the HRO’s recommendation and dismiss the complaint or return the complaint to the HRO for further investigation. The Director is not bound by the recommendation of the HRO and has authority under the Act to dismiss the complaint.

If the complaint is dismissed, you can make an appeal to the Nova Scotia Supreme Court for a Judicial Review. Information on this process can be found on the court’s website.

Settlement Agreement Signed

A complaint may be resolved at any stage during an investigation. Unlike early resolution, the settlement process at the investigation stage is “on the record”, meaning that the HRO can use information gathered during settlement discussions in an investigation or investigation report.

If a complaint is settled, a settlement agreement will be prepared and signed by the parties. In accordance with the Human Rights Act, the settlement agreement will need to be approved by the Commissioners.

Resolution Conferences

As part of an HRO’s role, they may also facilitate a resolution conference with the parties.

This is guided by a restorative approach and the parties involved participate voluntarily. It is designed to give each person involved an opportunity to speak, be heard, and reach an understanding of what happened. This conference may or may not lead to a settlement of the complaint.

A conference can happen at any stage during an investigation if both parties are willing to participate.

Full Investigation Completed

Complaints that are not resolved or dismissed by the Director and CEO earlier in the process are fully investigated by an HRO. Once an investigation is complete, the HRO prepares an investigation report that summarizes the complaint and evidence gathered during the investigation and makes a recommendation to Commissioners to either dismiss the complaint, or to refer it to an independent human rights Board of Inquiry (BOI).

All parties are provided with the investigation report and given 15 business days to make written submissions on the recommendation.

After the parties’ written submissions are received, the complaint, investigation report and written submissions are placed before the Commissioners at one of their regular meetings to make a final decision on the complaint.