Filing a complaint with the Alberta Human Rights Commission is the beginning of a process, not the end. Here is what to expect at each stage.
Step 1: Intake and Initial Assessment
When you submit a complaint to the Alberta Human Rights Commission (AHRC), it undergoes an initial review. Commission staff determine whether the complaint falls within the AHRC’s jurisdiction — meaning it involves a protected ground and a protected area under the Alberta Human Rights Act.
If the complaint does not meet the threshold, you may be notified that it has been dismissed or referred elsewhere. If it does, it moves forward.
Step 2: Early Resolution Opportunity
Many complaints are offered an early resolution process before a formal investigation begins. This is a facilitated conversation between the parties aimed at reaching a mutually acceptable outcome. Participation is voluntary.
Early resolution can result in apologies, policy changes, compensation, reinstatement, or other agreed-upon remedies. If both parties participate and agree, the complaint is resolved without proceeding to investigation or tribunal.
Step 3: Investigation
If early resolution does not occur, the complaint proceeds to investigation. An AHRC investigator will:
- Contact the respondent (your employer or the other party)
- Gather evidence from both parties
- Interview witnesses if applicable
- Produce an investigation report with findings and recommendations
Investigations can take months to over a year depending on complexity and the Commission’s workload.
Step 4: Director’s Decision
After the investigation, the Director of the AHRC reviews the report and decides whether to dismiss the complaint or refer it to the Human Rights Tribunal for a hearing. This decision can be appealed by either party to the Court of King’s Bench.
Step 5: Human Rights Tribunal Hearing
If the complaint is referred to the Tribunal, a formal hearing takes place. Both parties present evidence and arguments. The Tribunal issues a binding decision, which can include remedies such as monetary compensation (for lost wages and general damages), reinstatement, and orders to change discriminatory practices.
What You Should Know Going In
- The process is not fast — from filing to resolution can take one to three years
- You do not need a lawyer, but having knowledgeable support matters
- The burden of proof initially lies with you to establish a prima facie case
- Retaliation for filing a complaint is itself a violation of the Act
If you are preparing to file — or trying to decide whether to — we are here to help you understand what the process involves. Tell Us Your Truth.
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