Decisions come from both Panel Hearings and Court Hearings.
A Panel Decision is made following a Panel Hearing conducted by one or three Commissioners at the Human Rights Commission. It takes place when complaint settlement efforts have not been successful, and either the Executive Director or a Commission Chairperson conducting a chair review decides that the complaint should proceed to a hearing to determine if there was discrimination or what the appropriate remedy should be.
A Court Decision is the result of a complainant or respondent requesting a Judicial Review of a decision made by the Commission following a Chair Review or Panel Hearing. The Judicial Review will take place in front of a Justice of the Supreme Court of Prince Edward Island.
View a list of Decisions involving the Commission.
What is a Judicial Review?
A Judicial Review is an application to the Supreme Court of PEI by one of the parties. The Supreme Court will be asked to review a decision made by the Chair of the Commission or a decision following a Panel Hearing to determine if that decision was reasonable and procedurally fair.
A Judicial Review is not an appeal nor is it a rehearing of the case. Essentially, the Court’s role on Judicial Review is to review the process the Commission used in arriving at its decision. The Court will review written materials but will not hear from witnesses. All parties will be able to make submissions to the Court.
A Judicial Review is governed by the Judicial Review Act and the Supreme Court Rules of Court. If you wish to ask for a Judicial Review, it must be done according to those rules within 30 days of the date of any decision.
Did you know?
The PEI Human Rights Commission was the first Commission in Canada to accept alcoholism as a disability in 1982.
A person can have their birth certificate changed to reflect their gender identity without the need for the person to undergo medical or surgical procedures.
On March 25, 1968, the Prince Edward Island Legislature passed the Island's first human rights legislation, An Act Respecting Human Rights.