What happens after I file my Notification?
Tribunal staff will review your Notification to make sure that necessary information has been provided such as:
- contact information for the Applicant and Respondent;
- the document is signed;
- all details of the incident, including how it relates to one or more of the prohibited grounds;
- your supporting documents; and
- when necessary or requested, documentation is translated into the language of the Party's choice;
If requested, the Tribunal can arrange for translation of documents to another official language.
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 Respondent’s Reply to your Notification the Tribunal forwards a copy to you.
The Notification and Reply are reviewed by a Tribunal member (referred to as the Part 4 Review). This review is completed to decide whether to continue with proceedings or dismiss the Notification using the criteria set out in section 23 and 24 of the Act. The Tribunal looks at whether
- the events occurred within the last 2 years;
- the issue should be dealt with under other legislation;
- the complaint is very minor, not understandable or made for improper reasons;
- the actions being complained about were based on at least one of the prohibited grounds;
- there is some evidence of discrimination or whether there is a irrefutable explanation for what happened that is not discriminatory; and
- the Applicant was offered a reasonable settlement.
The Tribunal will provide a written decision of the Part 4 Review to both you the Applicant and Respondent. The decision will either be to continue with proceedings or to dismiss your Notification.
If your Notification is continued the Tribunal may then try to settle the Notification using Tribunal members, independent mediators, community elders or other organizations.
When appropriate the Tribunal will encourage you and the Respondent to enter into mediation with a mediator provided by the Tribunal to try to settle the matter.
If the matter is settled and a settlement agreement is made, you and the Respondent are required to fulfill the settlement agreement and your Notification is finished.
If no settlement is reached, the Tribunal will hold a formal, public hearing on your Notification. A Tribunal member who has had no contact with you or the Respondent during Notification and review process will be assigned to conduct the hearing. At the hearing, you and the Respondent may give evidence under oath and call witnesses who will also give evidence under oath, similar to a court of law. Documents can also be used as evidence in the hearing. You and/or the Respondent may have a lawyer at the hearing.
After hearing evidence and the arguments from you and the Respondent, the Tribunal will decide whether you have been discriminated against or harassed, and 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. If the decision finds that there was discrimination or harassment, the Tribunal can order a party to:
- pay the victim money to compensate them for the discrimination or harassment,
- stop the prohibited conduct or prevent it from happening in future,
- undertake a system wide program to address the discrimination,
- 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.