Tribunal staff will review your Notification to make sure that necessary information has been provided such as:
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 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, and/or community elders.
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:
Orders of the Tribunal are enforceable in the Nunavut Court of Justice.
The Notification process is represented in this flow chart.