Hearings and decisions

What is a hearing?

A hearing is where the parties present their case to the Tribunal. 

For complainants, the hearing is a chance to prove that they experienced discrimination and to explain the remedies they want. For respondents, the hearing is a chance to defend themselves or explain why their actions were justified under the law.

It is up to you to decide what evidence you think will support your position the best and which witnesses can help tell which parts of your story at the hearing. 

The Tribunal Member will listen to all the parties, consider the evidence and decide whether there was discrimination. If yes, the Tribunal Member will decide on an appropriate remedy.

Watch a hearing

Observing a Tribunal hearing can help you understand what your hearing might be like. Tribunal hearings are usually open to the public. They can be held in-person or by videoconference. You can watch a hearing from the comfort of your home.

Our Upcoming hearings page gives the hearings schedule and more information about how to attend. 

The Tribunal Member and the parties will have a case management call to discuss:

• how long the hearing will likely take
• the date or dates
• the format (virtual or in person)

The Tribunal will send everyone a Notice of Hearing. This written notice will confirm the place, date and time of the hearing.

So far, you have shared your Statement of Particulars with the other parties, including the documents you might use as evidence. You have also received a Statement of Particulars from the other parties, so you know what documents they might use.

Now it is time to finalize your list of documents. These are called your “proposed exhibits”. You must file the list and a copy of each document with the Tribunal no later than 30 days before the first day of the hearing. You must also serve the other parties with your proposed exhibits. 

At the hearing, you or one of your witnesses must “introduce” each document before the Tribunal. Once the Tribunal Member accepts the document, it is “admitted into evidence”. It gets officially marked as an “exhibit”.  

To prepare your list of proposed exhibits:

• Go through the list you made in your Statement of Particulars. 
• Then go through the documents that the other parties disclosed. 
• Decide which documents you will rely on to prove the facts of your case. 
• You can include documents that were disclosed by the opposing party, as long as they are not “privileged” documents.

Part of preparing your case is researching the law and other human rights cases similar to yours. See the Tribunal's decision database. 

After your search, make a list of the law and cases you may refer to while making your arguments before the Tribunal (these are called "authorities").  

You will need to share this information with the Tribunal and the other parties before the hearing. The Tribunal will send you a letter with instructions on how and when to do this. 

If you are representing yourself, the Tribunal will understand that you might not be able to do a lot of research into the laws and cases similar to yours, the way a lawyer might. That is okay. The Tribunal Member will still consider the main relevant legal factors and any past decisions that they are required to take into account.

In your Statement of Particulars, you listed possible witnesses and what they would say at the hearing. Review this list and think about who can give the best information about each aspect of your case. 

Before the hearing begins, you will have to complete a Record of Appearances at Hearing form. This will let everyone know who you will call as witnesses and the order in which they will testify. 

Preparing questions for your witnesses

Write down the questions you will need to ask each witness. This is called “direct examination”. Everything that your witness says under oath at the hearing becomes evidence.

You can share the questions you plan to ask with your witness, but do not tell them how or what to answer. 

Avoid “leading” questions

“Leading” questions suggest the “right” answer to the witness. You should let the witness put their evidence in their own words. 

Here is an example of a leading question: “The boss's son failed the fitness test too, but he was given another job at the company, wasn’t he?”  

Instead, you could ask: “Did any other employees fail the fitness test?” If the answer is “Yes,” then ask an “open” question, such as: “What happened to them?”

“Hearsay” evidence

“Hearsay” means that a witness reports things they heard about from someone else, rather than things they heard or saw firsthand. Unlike the courts, the Tribunal allows hearsay evidence. 

Here is an example of a witness giving hearsay evidence: "John told me Cathy fell and hurt her ankle." 

Since the witness did not actually see Cathy fall, the statement is hearsay. The Tribunal will accept this evidence, but it will give it less weight than if Cathy herself had testified about what happened to her.

Firsthand evidence is the most useful and persuasive, so stick to witnesses who can give that sort of evidence wherever possible.

Before your witnesses testify at the hearing, the Tribunal will ask them to promise or to swear an oath to tell the truth. If your witness wants to swear an oath on a sacred item such as a holy book or an eagle feather, tell them to bring this item with them when they are called to testify. 

If your witness needs an accommodation to participate, such as an interpreter, tell them to inform the Tribunal as soon as possible.

The Tribunal may make an order to “exclude” witnesses. This means they have to stay outside the hearing until they are called to testify. If this happens, let your witnesses know. Ask them to be ready when the Tribunal calls for their testimony.

The Tribunal will send a letter with additional information for your witnesses.

Each party is responsible for making sure that their witnesses come to the hearing on the date and at the time they are required to testify. 

You may be concerned that a witness may not want to testify. Or, you may have a witness who needs proof to justify being absent from work, school or another responsibility. In these cases, you can ask the Tribunal for a “summons”. 

Learn more about How to summons a witness. 

Complainants and respondents are usually important witnesses at the hearing. Go over your Statement of Particulars and practice telling your story. If you have a representative, they will walk you through what will happen while you are being questioned as a witness.  

If you are representing yourself, you will be allowed to simply tell your story. You might find it helpful to make an outline of your case. Make sure you cover everything, including your position on remedies. 

You will also have an opportunity to make statements at the beginning and end of your case. These are called “opening statements” and “closing arguments”. If you have a representative, they will usually prepare these. Your opening statement lays out your case. Your closing arguments summarize all of the evidence that supports your case. 

Usually, people prepare their opening statements in advance. They work on their closing arguments as the evidence comes out during the hearing.

Use this checklist to make sure you are prepared for the hearing.

Are hearings private?

No, Tribunal hearings are public. Members of the public can attend, including journalists. In some cases, the Tribunal may decide that observers are not allowed for part or all of the hearing. This only happens if the Tribunal Member is convinced that privacy concerns outweigh the public interest.
Is the hearing recorded?

The Tribunal normally records its hearings. The recording will form part of the Tribunal’s official record. If you would like a copy of the recording, email your request to registry.office@chrt-tcdp.gc.ca. Learn more by reading the Practice direction on recording hearings, use of court reporters and transcripts.

Where will the hearing be held?

The Tribunal holds hearings virtually and in-person across Canada. In some cases, a combination of both may be appropriate. The Tribunal Member will talk with the parties before deciding on the form of hearing. 

In-person hearings are often held in public buildings, such as hotel conference rooms or community centres. The Tribunal also has access to dedicated hearing rooms in Ottawa.

If the hearing is virtual, it is usually held by Zoom videoconference. To learn more, read the Guidelines for virtual proceedings.

How long is a Tribunal hearing? 

The length of the hearing depends on factors such as the complexity of the complaint and the number of witnesses who will testify. The Tribunal Member and the parties will decide together on the amount of time needed. The Tribunal aims to make hearings fast, informal and fair. Hearings must be kept as short as they can be, while meeting those goals. 

Usually, the hearing is from 9:30 a.m. to 5:00 p.m. local time. There will typically be a break in the morning, a break for lunch and a break in the afternoon. The Tribunal Member will work with the parties to confirm the schedule.

Who will be present?

The following people will usually be at the hearing:

• The Tribunal Member who will hear the case
• The registry officer who records the hearing, handles exhibits and manages the technical aspects of the hearing
• The Complainant and their representative, if they have one
• The Respondent and their representative, if they have one
• A lawyer for the Canadian Human Rights Commission, if the Commission is taking part
• The witnesses who will be testifying
• Other interested parties, if any
• Any members of the public who want to attend

In virtual hearings, everyone who attends will appear on the same screen. It will look like this:

Usually, the hearing will proceed in the following order: 

1. Introductions
2. Housekeeping and preliminary matters
3. Opening statements
4. Complainant’s evidence
5. Commission’s evidence (if any)
6. Respondent’s evidence
7. Closing statements (Final arguments)

Sometimes parties will ask for a different order. It is up to the Tribunal Member to decide.  

Introductions

The Tribunal Member will introduce themselves. They will ask the Complainant and the Respondent to introduce themselves. Here is an example of how you to introduce yourself:

“Good morning, my name is Sofia Li, and I am the Complainant.”

The Member will explain the process, how the day will unfold and the issues they are there to decide. 

Housekeeping and preliminary matters

The Tribunal Member will go over housekeeping matters such as:

• Timing of lunch and other breaks
• Parties’ estimates of the length of time it will take to present their cases

Sometimes the parties raise “preliminary matters”—issues to deal with before getting started. For example, one of the parties may have a witness who is ill and cannot appear as scheduled. The Tribunal Member will address such matters at this point.

Opening statements

After the introductions, each party has the option of making an opening statement. An opening statement is when you give a brief outline of the case and set out:

• the facts you plan to prove
• the evidence you will present to prove these facts
• the witnesses you intend to call
• the remedies you feel would be appropriate if discrimination occurred 
• the legal principles that you feel are important to the case

The Complainant usually goes first. If they are taking part in the hearing, the Canadian Human Rights Commission goes next. Then the Respondent can make an opening statement, or they may want to wait until just before they present their evidence. 

Evidence: witness testimony and examination

When opening statements are done, the Tribunal Member will first ask the Complainant to:

• give their testimony;
• call and question their witnesses, and 
• present any documents that are relevant to the complaint. 

The Complainant is followed by the Commission, if they are taking part. Finally, the Respondent is invited to call their witnesses and make their case.

Whenever a witness testifies, the parties have the opportunity to ask the witness questions. This process is called “examination”. There are three different kinds of examination: 

1. direct examination
2. cross-examination
3. re-examination.

Direct examination

This is where you or your representative ask questions of a witness that you called. You should have your list of questions prepared.

The point of direct examination is to give the Tribunal all the evidence that makes up your case. This should include evidence about remedies. 

Whenever a witness is shown a document and asked a question about it, you have to identify the document for the Tribunal. If the Tribunal Member accepts the document, it will be numbered or “marked” as an exhibit. 

If your hearing is virtual, the document will be up on the screen, when necessary.

Have a sheet of paper or a device to take notes ready to keep track of the exhibits. This will help you to refer to them accurately.

If you are the Complainant or Respondent, you are likely an important witness. If you have a representative such as a lawyer, they will ask you questions in direct examination. 

If you do not have a representative, you can simply present your testimony by stating the facts as you understand them. You are not expected to argue your case while you testify. You will have a chance to do that during the final arguments.

Pay close attention while the other parties directly examine their own witnesses. Make notes about anything they say that you want to challenge or ask for more information about.

Cross-examination

Once a witness has had their direct examination, the other parties have a chance to question the witness. When you “cross-examine” another party’s witness, you can challenge the accuracy of what they have said. Or, you may want to ask questions to get information that supports your side of the story.

During cross-examination, it is okay to ask leading questions. For instance, if you were the Complainant cross-examining a witness about a fitness test that you believe was discriminatory, you might ask: 

“The boss’s son was actually given a higher-paying job after he failed the fitness test, isn’t that true?”

Re-examination

Sometimes, a new detail or topic comes up in cross-examination. If that happens when one of your witnesses is cross-examined, you are allowed to ask your witness some more questions. The questions have to be about that new topic only, to clarify or explain what your witness said. 

Questions from the Tribunal Member

In addition to examination by the other parties, the Tribunal Member may ask the witnesses questions. This can happen at any time while a witness is testifying. 

If new questions arise for any of the parties as a result of the Tribunal Member’s questions, they will have a chance to question the witness again. 

Making an “objection” 

If you believe that the Tribunal should not accept certain evidence presented by the other party, you can raise your hand and say, “I object.” The Tribunal Member will ask you why you object. 

The Tribunal Member will then ask the other party why the evidence should be accepted. You will have a chance to respond to what the other party says. 

After listening to both parties, the Tribunal Member will decide whether to accept the evidence or not.

Replying to new evidence from the Respondent

Sometimes, the Respondent’s witnesses may give evidence that is new to the other parties. The Commission and Complainant will have a chance to present their own evidence in reply to the Respondent’s new evidence. 

Reply evidence cannot bring up a new or different issue. It must relate to the Respondent’s new evidence. Reply evidence cannot be introduced without the Tribunal Member’s permission.

Rulings by the Member

During the hearing, the parties might disagree on issues related to procedures or evidence. For example, the parties may disagree on whether something should be allowed as evidence. 

If the parties cannot resolve the disagreement on their own, they may ask the Tribunal Member to make “rulings” or “interim decisions”. See Filing a motion. 

Sometimes the hearing will pause while the Tribunal Member gets everyone's written arguments on the matter, and then they produce a written decision. Other times, they will convene a Case Management Conference Call or hear the arguments during the hearing and make an oral ruling, with full reasons to follow in the final decision, if necessary.

Final arguments

After all the evidence has been presented, each party has a chance to make a final argument, sometimes also called "final submissions" or "closing statement". Sometimes this is done orally during the hearing. In other cases, the Tribunal Member may ask the parties to present their final arguments in writing. The Tribunal Member will set a deadline for filing the final arguments with the Tribunal. The hearing is not considered over until all the parties have a chance to give their final argument.

If you are the Complainant, your final argument should:

• Summarize the evidence you presented earlier
• Explain why the evidence supports your point of view
• Explain why your witnesses should be believed 
• Refer to any other human rights cases that you feel are similar to yours and support your viewpoint
• Refer to the Canadian Human Rights Act or any other law you believe supports your case
• Describe the remedy you are asking for, and review the evidence that supports your request 

If you are the Respondent, your final argument should:

• Summarize your answer to the complaint 
• Review the evidence that supports your view of the facts
• Explain why those facts do not support the conclusion that discrimination occurred, or explain why your actions were justified under the law 
• Explain what you think would be an appropriate remedy if the Tribunal finds that there was discrimination

If the Commission is taking part in the hearing, their final argument will include a description of the remedy they seek in the public interest.

Once all the parties have had a chance to make final arguments, the Tribunal Member will take time to consider all of the evidence and make a decision. They will put the decision in writing. 

The decision will explain the Tribunal Member’s reasons for finding that discrimination has or has not occurred. If discrimination has occurred, the decision may also order a remedy.

You can expect a decision from the Tribunal within six months from the last day of the hearing or six months from the date that the Tribunal received the final arguments in writing. 

If the decision is going to take longer than six months, the Tribunal Member will write to the parties to explain this.

You can apply to the Federal Court of Canada for a judicial review. 

You must do so within 30 days of receiving the Tribunal’s decision.