ARTICLE · 27 JANUARY 2021

What Is A Reasonable Offer To Settle Under S. 37.1(2) Of The Manitoba Human Rights Code?

Taylor McCaffrey

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After a complainant files a human rights complaint with the Manitoba Human Rights Commission ("Commission"), the respondent may file a reply.

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Introduction

After a complainant files a human rights complaint with the Manitoba Human Rights Commission ("Commission"), the respondent may file a reply. The Commission may attempt to resolve the complaint through mediation or other means at any time.

As soon as is reasonably possible after a complaint has been filed, the complaint will be investigated.¹ The investigator makes a recommendation to the Board of Commissioners (the "Board") about whether or not there is sufficient evidence to support the alleged contravention of The Human Rights Code, CCSM c H175 (the "Code"). The Board then decides if the complaint should be dismissed or referred to a public adjudication hearing.² If referred to a hearing, the Commission will usually offer the parties another opportunity to try and resolve the complaint before it requests that an adjudicator be appointed.

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