Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
There are steps before a hearing that help you organize your evidence, agree to any facts that are not in dispute and let the other side and the Tribunal know about your case and how you will prove it.
Case Managment
Before a hearing date can be set you need to participate in case management. The purpose of case management is to help the parties organize their evidence and to shorten the length of the hearing.
Case management is done by conference calls. During the calls the Tribunal member assigned to your case will see if the parties can agree on any of the facts to make the hearing shorter. They will help the parties resolve any other issues that need to be dealt with before the hearing.
They will also talk to the parties about when they are available for a hearing, how long they think the hearing will take and whether the parties want the hearing to be in-person or be held virtually.
You will receive a summary of the case management calls from the Tribunal afterwards.
Once case management is complete the Tribunal will send out a Notice of Hearing to the parties. This will have the date, time and place of the hearing.
Statememt of Particulars
You can serve documents on the other party by emailing them to an address the other party provided. Other options include mailing the documents or giving them to the other party in person.
You need to provide the other party and the Tribunal with information about your case and how you will prove your case. To do this both parties prepare a Statement of Particulars. You will receive a letter from the Tribunal with deadlines for when each party must submit their Statement of Particulars.
Your Statement must include:
- your version of what happened
- the type of discrimination you believe happened or why you believe there was no discrimination
- what remedies you are asking for if the Tribunal finds there has been discrimination (see Remedies)
- a list of all documents you will use to prove your case
- names of witnesses you will call to testify and what you think they will say
Once the party making the complaint receives the other party’s Statement of Particulars, they can file and serve a Reply - but only if the other party raised issues or stated facts that they disagree with and had not addressed in their own Statement of Particulars.
You serve your Statement of Particulars and all the documents you listed on the other party. You file your Statement of Particulars with the Tribunal. You can file documents with the Tribunal by email at registry.office@chrt-tcdp.gc.ca.
