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The Notification Process

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What happens after I file my Notification?

The Tribunal Executive Director will review the Notification to make sure that necessary information has been provided:

A copy of the Notification is sent to the person(s) or agency listed as the Respondent in the Notification. The Respondent has the right to reply to a Notification.

The Respondent is to complete a Reply to Notification form and return it to the Tribunal Office. The Respondent usually has 60 days to reply.

Upon receiving the Reply a copy is forwarded to the Applicant.

The Notification and Reply are reviewed by the Tribunal (referred as the Part 4 Review). This review is completed to decide whether to continue with proceedings or dismiss the Notification using the following criteria set out in section 23 and 24 of the Act:

The Tribunal will provide a written decision of the Part 4 Review to both the Applicant and Respondent. The decision will either be to continue with proceedings or to dismiss the Notification.

If the Notification is continued the Tribunal may then try to settle the Notification using Tribunal members, independent mediators, community elders or other organizations. 

The Applicant and Respondent are encouraged to enter into mediation to settle the matter.

If the matter is settled and a settlement agreement is made, the Notification is finished. However, if either Party fails to keep the promises listed in the settlement agreement, it may be filed with the Nunavut Court of Justice and enforced through that Court. If no settlement is reached, the Tribunal will hold a formal, public hearing at which both the Applicant and Respondent may give evidence under oath and call witnesses.

A Tribunal member who has had no contact with the Applicant or Respondent during any of the proceeding process will be assigned to hear the Notification.

The Hearing process involves the hearing of evidence by affidavit and in-person (under oath) through witness, similar to a court of law. The Parties may have legal counsel.

After hearing evidence and the arguments of the Applicant and Respondent, the Tribunal will decide whether the Applicant has been discriminated against, and if so, what should be done to correct the situation.

A written decision is made documenting the evidence that was heard and how the law was applied. A final decision may include an Order for a Party

The Notification process is represented in this flow chart.

Status of Active Notifications as of March 31, 2011

File# Status of File Rec'd Active
05-13 Hearing to be Scheduled 08/11/2005 5.3
05-15 Prehearing to be Scheduled 08/12/2005 5.0
06-04 Prehearing to be Scheduled 23/10/2006 4.4
06-11 Mediation Scheduled 11/01/2007 4.2
07-03 Mediation to be Scheduled 04/06/2007 3.8
07-05 Prehearing to be Scheduled 13/07/2007 3.7
08-06 Decision Pending 12/02/2009 2.1
09-01 Application outstanding 01/10/2009 1.5
09-02 Mediation to be Scheduled 02/10/2009 1.5
09-05 Decision pending 10/12/2009 1.3