Investigation

The NWT Human Rights Commission investigates complaints of discrimination. If a complaint cannot be resolved with mediation, the Director may appoint an investigator.

Who are the investigators?

Investigators are contractors or Commission employees that have been appointed by the Director of Human Rights.  Investigators are trained in human rights law and in gathering and analyzing evidence.

What is the role of the investigator?

The investigator is impartial.  The investigator gathers the evidence needed to assess the complaint. The investigator prepares a report on the investigation. 

How is information and evidence gathered?

The investigator contacts persons on both sides of the complaint (the “parties”) to get their information.  The investigator also interviews witnesses and reviews documents that can shed light on the complaint.

What goes into the investigator’s report?

The investigator’s report describes the complaint, explains the respondent and complainant’s positions, and includes any relevant evidence.

The investigator recommends that the Director dismiss a complaint if:

• the evidence does not support the complaint, or
• the respondent has a valid defence as set out in the Act.

If the evidence supports the complaint, the investigator recommends that the Director refer the complaint to the NWT Human Rights Adjudication Panel for a hearing.

What if somebody refuses to co-operate?

An investigation will not be delayed because one of the sides is unwilling or slow to provide information. The investigator will try to gather the information from other sources and can even get a search warrant.

What if I disagree with the investigator’s report?

You will get a copy of the investigator’s report and can provide comments before it is presented to the Director. A copy of your comments is also given to the other party. The complaint, the investigator’s report and any comments are then given to the Director for a decision.

What if I disagree with the Director’s decision?

There are two processes for appealing the Director’s decision.  A complainant can appeal the decision to the independent Human Rights Adjudication Panel. A respondent can either ask the Director to reconsider the decision (further to the Commission’s reconsideration policy), or file for judicial review of the decision.

Can a complaint be settled or withdrawn during the investigation?

A complaint can be settled at any time after it is filed. During mediation, the investigation is stopped.  If the compaint is settled, the file is closed and no further action is taken.  If the complaint is not settled, it is returned to the investigator to finish the investigation.

A complainant may ask to withdraw a complaint at any time.

The NWT Human Rights Act forbids anyone from threatening, intimidating or discriminating against somebody who gives evidence or helps an investigation.

To contact the Northwest Territories Human Rights Commission:

PO Box 1860
Yellowknife, NT X1A 2P4
Toll Free: 1-888-669-5575
Yellowknife: 867-669-5575
Fax: 867-873-0357
E-mail: info@nwthumanrights.ca
Web:www.nwthumanrights.ca