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What is a Board of Inquiry?

If a formal complaint cannot be settled, the Human Rights Commission may recommend that a Board of Inquiry hear the complaint. In that case, the Minister responsible for the Human Rights Commission may refer the matter to the Labour and Employment Board, which is a permanent tribunal that deals with a variety of employment disputes, or to a human rights Board of Inquiry appointed to hear that specific case. Such Boards are separate and independent from the Commission. Boards of Inquiry are appointed under section 20 of the Human Rights Act.

Only a small proportion of the total number of complaints are heard by a Board of Inquiry each year, since most complaints are settled by the Human Rights Commission to the satisfaction of both parties, or are dismissed by the Commission as being without merit under section 18 of the Human Rights Act.

Board of Inquiry procedures and decisions can be judicially reviewed by the Court of Queen’s Bench. The decisions of the Court of Queen’s Bench can be appealed on questions of law to the Court of Appeal and ultimately to the Supreme Court of Canada.