INDIVIDUAL RIGHTS AND MUTUAL RESPONSIBILITES OF PARTIES TO A COMPLAINT

BACKGROUND

The Saskatchewan Human Rights Commission (SHRC) is committed to being accessible and responsive to all individuals regardless of ethnic identity, national origin, religion, linguistic background, sex, gender, sexual orientation, ability or other cultural or personal factors. At the same time, the success of our office depends on:

• our ability to do our work effectively and efficiently;
• the health, safety, and security of our staff; and
• our ability to allocate resources fairly across all complaints we receive.

The SHRC is committed to addressing unreasonable individual conduct and violence.

The SHRC will have a zero-tolerance approach and policy towards any harm, abuse, or threats directed towards staff. Any conduct of this kind will be addressed in accordance with occupational health and safety standards, our duty of care, and our work health and safety responsibilities.

Individual Rights and Mutual Responsibilities of the Parties to a Complaint

To ensure all complaints are dealt with fairly, efficiently, and effectively, and health and safety standards and duty of care obligations are adhered to, the following rights and responsibilities must be observed and respected by all the parties to the complaint process.

INDIVIDUAL RIGHTS

Individuals (complainants) have the right to:

• Make a complaint and to express their opinions in ways that are reasonable, lawful, and appropriate, regardless of cultural background, national origin, sex, sexual orientation, gender, disability or other cultural or personal characteristics.
• A reasonable explanation of the SHRC complaints procedure, including details of the confidentiality, secrecy or privacy rights or obligations that may apply.
• A fair and impartial assessment and, where appropriate, investigation of their complaint based on the merits of the case.
• A timely response.
• Be informed in at least general terms about the actions taken and the outcome of their complaint.
• Have decisions that affect them explained to them.
• At least one review option of the decision on their complaint.
• Be treated with courtesy and respect.
• Communicate valid concerns and views without fear of reprisal or other unreasonable response.

Staff have the right to:

• Determine whether, and if so how, a complaint will be dealt with.
• Finalize matters based on outcomes they consider satisfactory in the circumstances.
• Expect honesty, cooperation, and reasonable assistance from individuals.
• Expect honesty, cooperation, and reasonable assistance from people within jurisdiction who are the subject of a complaint.
• Be treated with courtesy and respect.
• A safe and healthy working environment.
• Modify, curtail, or decline service, (if appropriate), in response to unacceptable behaviour by an individual.

Respondents (subjects of complaints) have the right to:

• A fair and impartial assessment and, where appropriate, investigation of the allegations made against them.
• Be treated with courtesy and respect by staff of the SHRC.
• Be informed (at an appropriate time) about the substance of the allegations made against them that are being investigated.
• Be informed about the substance of any proposed adverse comment or decision.
• Be given a reasonable opportunity to respond during any investigation and before any final decision is made.
• Be told the outcome of any investigation into allegations about their conduct, including the reasons for any decision or recommendation that may be detrimental to them.

MUTUAL RESPONSIBILITIES

Individuals are responsible for:

• Treating staff of the SHRC with dignity and respect.
• Clearly identifying, to the best of their ability, the issues of complaint, or asking for help from SHRC staff to assist them in doing so.
• Providing the SHRC, to the best of their ability, with all the relevant information available to them at the time of making the complaint.
• Being honest in all communications with the SHRC.
• Informing the SHRC of any other action they have taken in relation to their complaint.
• Cooperating to the best of their ability with the staff assigned to assess/investigate/resolve/determine or deal with their complaint.

If individuals do not meet their responsibilities, the SHRC may consider placing limitations or conditions on their ability to communicate with staff or access certain services.

The SHRC has a zero-tolerance policy in relation to any harm, abuse or threats directed towards its staff. Any conduct of this kind may result in a refusal to take any further action. Any conduct of a criminal nature will be reported to the police, and in certain cases legal action may also be considered.

Staff are responsible for:

• Providing reasonable assistance, including cultural and linguistic assistance, to individuals who need help to make a complaint and, where appropriate, during the complaint process.
• Dealing with all complaints, individuals and people or organizations subject of complaint professionally, fairly, and impartially.
• Giving individuals or their advocates a reasonable opportunity to explain their complaint, subject to the circumstances of the case and the conduct of the individual.
• Giving respondents (people or organizations subject to the complaint) a reasonable opportunity to respond to it during any investigation and before any final decision is made.
• Informing respondents (people or organizations subject to investigation), at an appropriate time, about the substance of the allegations made against them and the substance of any proposed adverse comment or decision that they may need to answer or address.
• Keeping individuals informed of the actions taken and the outcome of their complaints.
• Giving individuals explanations that are clear and appropriate to their circumstances and adequately explaining the basis of any decisions that affect them.
• Treating individuals (and people who are the subject of complaints) with courtesy and respect.
• Taking all reasonable and practical steps to ensure that individuals are not subjected to any detrimental action in reprisal for making their complaint.
• Giving adequate warning of the consequences of unacceptable behaviour.

If the SHRC or its staff fail to comply with these responsibilities, you may submit a complaint to the Ombudsman:

Respondents (subjects of a complaint) are responsible for:

• Cooperating with the staff of the SHRC who are assigned to handle the complaint, particularly where they are exercising a lawful power in relation to a person or body within their jurisdiction.
• Providing all relevant information in their possession to the SHRC or its authorized staff when required to do so by a properly authorized direction or notice.
• Being honest in all communications with the SHRC and its staff.
• Always treating the staff of the SHRC with courtesy and respect and in all circumstances.
• Refraining from taking any detrimental action against the individual in reprisal for them making the complaint.

If the respondent (subjects of a complaint) fails to comply with these responsibilities, action may be taken under relevant laws or codes of conduct.