Where the Human Rights Commission determines that a complaint should be sent to a board of inquiry for a hearing, the complaint is referred to the Chief Adjudicator of the Panel. The Chief Adjudicator may hear the matter or refer the matter to another adjudicator.
The adjudicator shall inquire into the matters referred to him/her and give full opportunity to all parties to present their evidence and make representations through counsel, or otherwise. Where an adjudicator finds a complaint to be justified they may grant a remedy under section 39 of the Human Rights Act, 2010.
The Lieutenant Governor in Council shall appoint a panel of persons to act as members of boards of inquiry. A panel shall consist of at least six persons, one of whom shall be appointed by the Lieutenant-Governor in Council as chief adjudicator.
Members of the panel shall possess experience, knowledge or training with respect to human rights law and issues. They must be practicing lawyers with experience appearing before administrative tribunals and hearings. A knowledge and understanding of human rights legislation is required.
Members of the panel shall possess experience, knowledge or training with respect to human rights law and issues. Adjudicators must be practicing lawyers with experience appearing before administrative tribunals and hearings. A knowledge and understanding of human rights legislation is required.
Members should demonstrate:
The members of a panel appointed under this section shall not be members of the commission.
The time commitment varies. When a matter is referred and assigned, the adjudicator will be engaged for the required duration.
Members of the panel shall be appointed for a term of 3 years and are eligible for reappointment. The Lieutenant-Governor in Council may terminate the appointment of a member of the panel for cause.