What happens after I file my Notification?
The Tribunal Executive Director will review the Notification to make sure that necessary information has been provided:
- contact information for the Applicant and Respondent
- the document is signed
- all details of the incident
- when necessary or requested, documentation is translated into the language of the Party's choice.
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 events occurred within the last 2 years;
- a notification is filed on behalf of some other person(s);
- whether the complaint should be dealt with under other legislation;
- whether the complaint is very minor, not understandable, silly or made for improper reasons;
- whether the complaint is under one of the prohibited grounds;
- whether there is enough evidence of discrimination and no irrefutable defense; and
- whether the Applicant was offered a reasonable settlement.
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
- to compensate the other party,
- to stop the prohibited conduct,
- to undertake a system wide program,
- to apologize or
- take any other corrective action the Tribunal feels is just.
- Orders of the Tribunal are enforceable in the Nunavut Court of Justice.
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|
|07-03||Mediation to be Scheduled||04/06/2007||3.8|
|07-05||Prehearing to be Scheduled||13/07/2007||3.7|
|09-02||Mediation to be Scheduled||02/10/2009||1.5|