Frequently Asked Questions

How do I contact the HRAP?

#14 – 4915 48 Street,
Yellowknife, NT X1A 3S4

Phone: 1-867-920-3188 or Toll free: 1-888-920-3188
Fax: 1-867-920-6278 or Toll free: 1-877-920-6278

Visit: Third Floor, YK Center East (Formerly Panda II Mall), 4915 - 50th Avenue
(Shared office space with Elections NWT)

*Please read the Panel’s policy on Email communications which is found here.

When does the HRAP become involved in Human Rights Complaints?

The Panel becomes involved in human rights complaints only after a Notice of Appeal of a Director’s decision has been filed in the offices of the Panel or after the Director of Human Rights has referred a complaint to the Chair of the Panel for a hearing.

What happens after an Appeal is filed or a Complaint is Referred to a Hearing?

First, the Chair assigns the matter to an Adjudicator.

Next, the Panel’s Administrative Assistant will ask the parties when they can be available to have a telephone conference with the assigned Adjudicator. The purpose of the telephone conference is to give all of the parties the opportunity to discuss their human rights complaint with an Adjudicator as well as how and when a hearing will take place.

This very important first step is called a “pre-hearing conference”.

How can I prepare for a “Pre-hearing Conference”?

Preparation for pre-hearing conferences should include:

If desirable, contact a lawyer of your choice, advocate or support person to give advice and/or representation during the conference.
Review all of the writings and papers filed with the Director of Human Rights.
Consider what evidence will be necessary, including documentary and witness evidence, if the matter is set for a hearing.
Consider how much time will be needed to prepare for a hearing.
Consider the option of avoiding a hearing and engaging in mediation.
Arrive on time and be prepared to listen and participate in the discussion.

Who may participate in an Appeal or a Referral?

The Human Rights Act says that the parties to an Appeal are the person who complained (the “Complainant”), the person(s) or organization whose conduct is the subject of the complaint (the “Respondent”) and the Director of Human Rights.

The Act says that the parties to a Referral are the Complainant and Respondent. The Human Rights Commission may also choose to be a party to a Referred Hearing on notice to the other parties.

Finally, the adjudicator may decide, on the application of other persons or organizations who have an interest in the proceedings, that they can participate in the proceedings.

What is the purpose of having a “hearing” of an Appeal or Referral?

The purpose is to allow all parties the equal opportunity to have a decision made in an open and procedurally fair manner guided by Human Rights laws and jurisprudence (judge-made-law) that apply in the Northwest Territories.

Can a Party have a lawyer or other person help and advise them?

Yes. The Panel encourages parties to be represented by a lawyer or by other persons who can provide guidance, support and make representations to the adjudicator.

What if a Party is disabled or has other special needs?

Upon application by a party, the Panel will accommodate disabilities of all kinds to facilitate a fair hearing. In addition, translation services are available. Parties must advise the Panel’s Administrative Assistant of their needs as soon as possible, e.g. at the first pre-hearing conference.

Who pays the costs and expenses of the parties (and their witnesses) to a hearing?

The Panel does not fund witness costs and expenses. Each party is responsible for funding (if necessary) the attendance of its own witnesses.

The NWT Human Rights Act allows Adjudicators to give directions and orders for costs after hearing the evidence and arguments of the parties. Such orders will only be made after hearing from all of the parties. If such directions and orders are made, they will be put into the Adjudicator’s written decision.

Parties may, of course, seek financial support from governmental and non-governmental organizations as they see fit.

Is the decision of an Adjudicator on Appeal or at a Referred Hearing, final?

No. A party who is dissatisfied with the decision of an adjudicator my file an Appeal of that decision in the Supreme Court of the Northwest Territories. The Clerk of the Supreme Court will direct parties to the necessary forms to be completed and filed to appeal the decision of an Adjudicator.

Can a Complaint be “settled” without a hearing?

Yes. Adjudicators are trained in law and in “mediation” skills. When Adjudicators act as mediators, they help the parties to have a discussion about ways of settling their differences in a fair and mutually agreeable way. Both parties must be agreeable to the mediation process before an adjudicator will help. Usually that agreement will be put into writing so that the rules of the mediation proceedings are understood. For further information, see our website under Mediation Information or contact the Panel’s Administrative Assistant.

What other resources are available to help Parties understand how cases are handled by the Adjudication Panel and Adjudicators?

Copies of the NWT Human Rights Act are available to all parties free-of-charge by contacting the Panel’s Administrative Assistant or the Office of the Director of Human Rights.

Specific information about “hearing procedures” can be found in the Rules of Practice and Procedure before the Adjudication Panel. The Panel’s Policies, How to Guides and Mediation Information sections on our website give important information about how the Panel conducts proceedings.

Parties are encouraged to ask questions regarding procedure during pre-hearing conferences. The Panel’s Administrative Assistant can also answer procedural questions.