Tribunal Hearings

There is a process for Tribunal hearings and certain remedies the Tribunal can order if they find there has been discrimination.

Hearing Process

After the hearing the Tribunal decides if there has been discrimination and what will be done about it. The Tribunal tries to release a decision within 4 months of the hearing. 

At the hearing both parties have a chance to make their case. The parties present their evidence, witnesses and arguments. At the start of the case the Tribunal asks the parties to introduce themselves. After this the parties are given the opportunity to make opening statements. During the opening statements the parties summarize their case.

After this the parties present their case through calling witnesses and submitting documents. The person making the complaint goes first followed by the other party. The parties call witnesses to testify about what they saw or heard that will support their case. They can also call witnesses to introduce documents that they want the Tribunal to consider.

When all the evidence has been presented, each party makes their final argument. This is a chance for each party to explain what facts they believe have been proven by the evidence, and why. This is also a chance for each party to explain why the facts show that there was or was not discrimination. New evidence cannot be introduced during final arguments.

Remedies

If the Tribunal finds there has been discrimination, they can order the other party to:

  • stop the discrimination and prevent this type of discrimination in the future
  • make available to the victim, on the first reasonable occasion, the rights, opportunities or privileges that were denied because of discrimination
  • pay you wages you lost because of the discrimination
  • pay you for expenses you had because of the discrimination
  • pay you up to $20,000 for any pain and suffering you experienced because of the discrimination
  • pay you up to $20,000 as compensation if they find that the person discriminated against you on purpose or recklessly
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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.