Practice direction: Request to participate as an interested person
The Canadian Human Rights Tribunal is committed to the fair, just and efficient resolution of proceedings before it. This Practice Direction provides guidance to participants in Tribunal proceedings. It is not a rule within the meaning of the Tribunal’s Rules of Procedure.
Who are the parties at the Tribunal?
The complainant is the person who made the complaint of discrimination. Sometimes there is more than one complainant. The respondent is the person or organization that must respond to the complaint. Often there is more than one respondent.
The Canadian Human Rights Commission represents the public interest and is always a party. The Canadian Human Rights Commission may decide not to participate in the proceedings.
What is an interested person?
Sometimes, a complaint raises issues which may affect other people or organizations. When that happens, the Tribunal may allow them to participate in the hearing as “interested persons.”
What does the Tribunal consider when deciding a request to participate as an interested person?
The Tribunal takes a flexible approach to requests to participate as an interested person and considers each request on a case-by-case basis. See Letnes v. Royal Canadian Mounted Police, 2021 CHRT 30; Attaran v. Citizenship and Immigration Canada, 2018 CHRT 6, which set out the test the Tribunal applies when deciding a request.
A person or organization may be allowed to participate as an interested person if it is affected by the proceedings and can assist the Tribunal in making its decision. An interested person should offer a different perspective from the parties. This is explained in First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada), 2016 CHRT 11.
Making a request to participate as an interested person
You must make a motion to participate as an interested person using Rule 27 of the Rules of Procedure. In the motion you must tell the Tribunal:
- How you or your organization is affected by the issues raised by the complaint.
- How you can help the Tribunal in making its decision.
- How your perspective, knowledge or expertise is different from the parties.
- How you want to participate. For example, do you only want to provide written argument, present evidence or question witnesses?
You must serve the Notice of Motion on all the parties and file it with the Tribunal as required by Rule 26.
If the Tribunal grants your request, it will issue an order. The order will describe how you may participate in the hearing.
Questions? Please contact the Registry.