Do the investigators decide the outcome of complaints?
No, investigators are impartial fact finders who gather and analyze the evidence needed to assess the allegation in the complaint. On the basis of the evidence gathered and as part of their report, they will make a recommendation to the Commissioners. Only Commissioners (the Chief Commissioner and up to seven members) can decide on complaints. If they conclude that the evidence supports the allegation, they can send the case to the Canadian Human Rights Tribunal, which will hear all the evidence. Although the Commissioners will give serious consideration to the recommendations of the investigator, they will also carefully examine the submissions of the parties. Their decision will not always reflect the recommendation made by the investigator. Commissioners can also decide to send a case to conciliation to help the parties reach a settlement.
