COMPLAINT RESOLUTION SERVICES

ADMINISTERING THE SASKATCHEWAN HUMAN RIGHTS CODE, 2018 THROUGH FAIR AND EFFECTIVE RESOLUTION PROCESSES

A core responsibility of the Saskatchewan Human Rights Commission is the administration of The Saskatchewan Human Rights Code, 2018, through a fair, impartial, and accessible complaint resolution process. The Commission’s complaint resolution system is designed to provide individuals and organizations with an opportunity to address allegations of discrimination while ensuring procedural fairness for all parties involved.

The Code assigns specific statutory responsibilities and decision-making authority within the complaint process to the Chief Commissioner. Commission staff carry out essential intake, mediation, investigation, legal, and administrative functions in support of the Commission’s statutory work and the exercise of the Chief Commissioner’s decision-making responsibilities under the Code.

The Commission remains committed to resolving matters at the earliest appropriate stage whenever possible. Early resolution helps reduce delays, minimizes costs for parties, and supports meaningful outcomes while preserving the integrity of the process. During 2025-26, the Commission continued to review and strengthen its complaint resolution processes to ensure resources are directed efficiently and that complaints are addressed in a timely, fair, and consistent manner.

SECTION 31(1) OF THE SASKATCHEWAN HUMAN RIGHTS CODE, 2018

If a complaint is filed with or initiated by the Commission, the Chief Commissioner, subject to subsection 29(5) and section 30, shall do one or more of the following:
(a) attempt to resolve the complaint by mediation between the parties;
(b) attempt to negotiate a settlement of the complaint;
(c) investigate the complaint;
(d) continue an investigation of the complaint after an unsuccessful attempt to mediate or settle the matter.

INTAKE AND EARLY ASSESSMENT

Intake serves as the initial point of entry into the Commission’s complaint resolution process. At this stage, Commission staff receive, and review information relating to a potential complaint, identify the alleged protected ground and area, and gather information relevant to assessing whether the matter engages the jurisdiction and requirements of the Code.

Early assessment helps ensure that individuals receive timely information regarding their rights and responsibilities while allowing the Commission to focus resources on matters that engage the protections provided by the Code.

Early assessment also provides an opportunity to identify matters that may be resolved through information sharing, referrals to other appropriate agencies, or other informal measures before entering a more formal complaint process.

By identifying potential jurisdictional issues and opportunities for early resolution, the intake process supports timely access to justice and helps ensure that Commission resources are directed toward matters that engage the protections and requirements of the Code.

MEDIATION AND EARLY RESOLUTION

In accordance with section 31(1) of The Saskatchewan Human Rights Code, 2018, the Chief Commissioner determines which of the resolution or investigation steps prescribed by the Code are to be taken in relation to a complaint. Where mediation or settlement efforts are directed, Commission mediators support parties in exploring resolution through confidential and facilitated discussions.

Mediation provides an opportunity for parties to discuss concerns, identify common interests, and develop mutually acceptable solutions without requiring further formal proceedings. Mediation is focused on achieving practical outcomes that address the issues raised.

Early resolution is an important component of the Commission’s work. Successful resolution at this stage can reduce delays, lower costs for participants, and support constructive outcomes while maintaining procedural fairness for all parties. The Commission continues to prioritize opportunities for early resolution as part of its commitment to providing accessible and effective human rights services throughout Saskatchewan.

Early Resolution in Practice

A complaint involving workplace accommodation was successfully resolved through mediation shortly after entering the Commission’s process. Through facilitated discussions by a Commission mediator, the parties reached a mutually acceptable agreement without the Chief Commissioner having to consider directing the matter to a formal investigation.

Outcome

Early resolution reduced delays, avoided further proceedings, and allowed the parties to move forward constructively.

INVESTIGATION

When necessary, the Chief Commissioner may direct a complaint to investigation. In carrying out the Commission’s statutory responsibilities and mandate under the Code, Commission investigators undertake objective fact-finding and gather relevant information and evidence from the parties.

Investigators do not advocate for either party. Their role is to conduct objective fact-finding and develop the evidentiary record necessary to support the Chief Commissioner’s statutory review and decision-making responsibilities under the Code.

A thorough and impartial investigation supports procedural fairness, promotes confidence in the process, and helps ensure that decisions are grounded in evidence and applicable legal principles.

CHIEF COMMISSIONER REVIEW AND DECISION-MAKING

Following the completion of the investigative process, the Chief Commissioner reviews the complaint in accordance with the statutory authority and decision-making responsibilities assigned under The Saskatchewan Human Rights Code, 2018.

At this stage, the evidentiary record gathered through the complaint process is assessed together with the applicable provisions of the Code and established legal principles to determine the appropriate statutory disposition of the complaint.

In carrying out this quasi-judicial function, the Chief Commissioner exercises independent statutory decision-making authority. This review serves as an important safeguard within Saskatchewan’s human rights system, ensuring that decisions are grounded in evidence and law and made in accordance with the principles of procedural fairness.

REFERRAL TO COURT

Where the Chief Commissioner determines that a matter should proceed beyond the Commission’s complaint resolution process, the complaint may be referred to the Court of King’s Bench for adjudication in accordance with The Saskatchewan Human Rights Code, 2018.

This referral process reflects Saskatchewan’s human rights model, in which Commission staff carry out investigation and resolution functions, the Chief Commissioner exercises the statutory review and referral authority assigned under the Code, and the Court of King’s Bench adjudicates matters requiring formal determination.