Investigation and Mediation of a Complaint

Under the Ontario Human Rights Code, the Commission is required to investigate a complaint and attempt to reach a settlement of the complaint between the parties. Where the Commission fails to arrive at a settlement of the complaint and they are satisfied that the evidence warrants an inquiry, the Commission will then request the appointment of a tribunal, referred to as a board of inquiry. Where the Commission decides not to request the appointment of a board of inquiry, it is required to provide the reasons for this decision in writing to the complainant who then has 15 days to request a reconsideration of this decision.

Under the Canadian Human Rights Act an individual is appointed to fully investigate the complaint. At the conclusion of the investigation, the investigator is required to submit his or her report to the Commission. The Commission then decides whether to refer the matter to a hearing or to simply dismiss the complaint, depending on whether it is satisfied that the complaint has been substantiated. At any time during the investigation of a complaint under the Canadian Human Rights Act, a conciliator may be appointed for the purpose of attempting to bring about a settlement of the complaint. The conciliator must be someone other than the individual who has been appointed to conduct the investigation of the complaint.

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