Dismissal by the Director and CEO
During the early stages of a Human Rights Officer’s (HRO) investigation, they may determine 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 HRO prepares a letter to the parties recommending the complaint be dismissed under the appropriate subsection of section 29(4) of the Human Rights Act. The parties are given 15 days from receipt of the recommendation letter to provide written submissions. After the 15 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 to gather further information or conduct a full investigation.
The Director and CEO is not bound by the recommendation of the HRO.
If the complaint is dismissed and you do not agree with the Director’s decision and rationale presented to you in the HRO’s letter, you can make an appeal to the Nova Scotia Supreme Court fora Judicial Review. Information on this process can be found on the court’s website.