Response form - CHRC Make a Complaint

Part 1: Complaint Information

Name of Complainant (as it is written on the Complaint Form)

First name

Last name

Email address

Confirm email

Complaint File Number

Part 2: Information about the Respondent

Provide the Respondent’s contact information in this part. This is usually the name of the individual, business or federal government department named in the Complaint Form.

Respondent’s Name

First name

Last name

or

Organization Name

What pronouns do you use (ex: he, her, they, etc.)?

Address

City

Province or Territory

Country

Postal code

Phone Number

Email

Confirm email

Part 3: Information about the person completing the response

Please provide your contact information. You must have the authority to file this Response on behalf of the Respondent.

The Commission will use this contact information to process the complaint. The Commission will share your email address with the Complainant to exchange information and other documents.

Same information as above

Person completing the response

First name

Last name

What pronouns do you use (ex: he, her, they, etc.)?

Address

City

Province or Territory

Country

Postal code

Phone Number

Email

Confirm email

If you are not the Respondent, explain your authority to act for them

Part 4: Response to the preliminary issue(s)

There are no preliminary issues to consider – go to Part 6

Check off all preliminary issue(s) that apply to the complaint. Read the applicable section of the Preliminary Issue(s) Information Sheet that corresponds to the issue(s) that you checked off and explain why they apply to the complaint by answering the questions in the space below. Ensure that you identify all relevant preliminary issue(s). You may only raise preliminary issue(s) later in the process if new information becomes available.

Section 41(1)(a)

The Complainant has access to a grievance or other review process.

The Complainant did not exhaust an available grievance or other review process.

Explanation

Section 41(1)(b)

The Complainant has access to a process available under another act of Parliament.

Explanation

Section 41(1)(c)

The Respondent is provincially or territorially regulated.

The Respondent is a First Nation and the complaint is provincially regulated.

The wrong Respondent is named in the Complaint Form.

The Complainant was not lawfully present in Canada.

The alleged discrimination occurred outside of Canada and the alleged victim was not a Canadian citizen or an individual lawfully admitted to Canada for permanent residence.

Explanation

Section 41(1)(d)

The discrimination is not serious enough, or there is little or no useful remedy.

The complaint is not linked to a prohibited ground listed in the Act.

The complaint does not describe a discriminatory practice.

The complaint is about non-discretionary actions found in federal law

The allegations in the complaint have already been dealt with by another process.

The Complainant signed a release / settled the allegations in their complaint.

The complaint is made to harass or intimidate the Respondent or for another improper purpose.

Explanation

Section 41(1)(e)

The complaint was filed after the one year time limit.

Explanation

Part 5: List of documents related to the preliminary issue(s)

There are no preliminary issues to consider

If there are no preliminary issues, write “N/A” in this section and go to Part 6.

List all the documents you have that support your response to the preliminary issue(s). Provide a short description of each document, including what preliminary issue it supports.

Important: Attach copies of these documents when you submit your Response. These documents are not included in the 20-page limit but must relate to the preliminary issue(s) raised.

Preliminary issue document
Document title Document description

Part 6: Response to the allegations in the complaint

Indicate which statement best describes what your response in this section is about.

The allegation(s) in the complaint did not occur.

The allegation(s) in the complaint did not occur as described by the complainant.

The allegation(s) occurred, but do not amount to discrimination.

Some or all of the allegations occurred, but the Respondent is relying on a bona fide occupational requirement.

Some of all of the allegations occurred, but the Respondent is relying on a bona fide justification

A special program as described in section 16 of the Act.

Other

Explain your version of events, including:

Any facts alleged by the Complainant that you AGREE with.
Any facts alleged by the Complainant that you DISAGREE with.

Important: Do NOT include witness contact information in this part. All witness contact information should be sent to the Commission using a Witness Identification Form.

Part 7: List of documents related to the response to the allegations in the complaint

List all the documents you have that support the response you gave in Part 6 of this form. Provide a short description of each document, including what facts it supports.

Important: Keep all of the documents you list. You may be asked for copies of these documents at a later stage in the process.

List of documents related to the response to the allegations in the complaint
Document title Document description

Part 8: Consents

8-A. Mediation: The fastest way to a resolution

In mediation a trained Commission mediator works with you and the Complainant to find a solution to the complaint (settlement). Mediators are impartial. This means they do not represent you or the Complainant. Mediation and settlement are both voluntary.

Benefits of mediation include:

Comfortable. You don’t have to be in the same room as the Complainant to participate.
Confidential. What is said during mediation is not shared with anyone.
Efficient. The process is much faster if you and the Complainant can settle the complaint.
Flexible. Mediation may offer solutions that are not available from the Canadian Human Rights Tribunal (Tribunal).
Fair. You can bring your representative AND/OR a support person.
Free. It does not cost you anything to participate in mediation.

Please note that this may be the only opportunity you will have to access mediation through the Commission’s process.

Important: If you consent to mediation, the person(s) attending the mediation must have the authority to settle the complaint.

Do you agree to participate in mediation?

Yes

No

I am unsure. I would like more information about mediation before I decide.

8-B. The Canadian Human Rights Tribunal: When further inquiry is needed

The Act allows the Commission to refer a complaint to the Tribunal at any time after it is filed. In some situations, agreeing to have the complaint sent to the Tribunal can speed up a decision on it. The Commission will still decide which complaints are referred to the Tribunal. It may be appropriate to send a complaint to Tribunal, when:

How the law applies to the facts of the complaint is in dispute, or is unclear.
There are other complaints against the Respondent that are before the Tribunal on essentially the same facts.
Credibility is the central issue in the complaint.
The complaint raises new legal issues that the Tribunal must decide on.
Expert evidence is central to the outcome of the complaint.
An assessment by Commission staff will not assist the Commission in making a decision.

Do you agree to the Commission sending the complaint to the Tribunal, if appropriate?

Yes

No

Part 9: Declaration and signature

If you are filing your Response electronically, your digital signature represents your legal signature.

I declare that to the best of my knowledge, all of the information I have provided with this Response is truthful, complete and accurate.

Date

Print Name

Title or Position with Respondent