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Alberta

In this section, we explore human rights, particularly the right to equality and non-discrimination, in the province of Alberta. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.

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Alberta Human Rights Act

The Alberta Human Rights Act provides protection against discrimination throughout the province.

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The Act lists prohibited grounds of discrimination, meaning individuals cannot be treated differently based on:

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Race, colour, religious beliefs, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, family status, source of income, sexual orientation.

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Discrimination Is Prohibited Namely in the Following Areas:

1. Employment practices, including terms and conditions, benefits, and terminations of employment
2. Job advertisements and applications
3. Membership in a trade union or association
4. Goods, services, accommodation, and facilities usually available to the public, including age requirements, and rules and bylaws for condominiums
5. Tenancy, including when looking for or living in a rental home
6. Public statements, publications, notices, signs, symbols, emblems, or other representations

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Alberta Human Rights Commission

The Alberta Human Rights Commission is responsible for ensuring compliance with the Alberta Human Rights Act. Its mission includes promoting the principle of equality in dignity, rights, and responsibilities and encouraging various sectors in Alberta to foster equal opportunities. The Commission also works to advance public education, awareness, and community initiatives. 

Filing a Complaint

1 / Filing a Complaint
If you believe you are a victim of discrimination, you can file a complaint with the Alberta Human Rights Commission.

The Commission’s goal, when handling a well-founded complaint, is to end the harassment or discrimination experienced by the victim and restore them to the position they would have been in had the discrimination or harassment not occurred.

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IMPORTANT: A complaint must be filed within one year of the alleged discrimination.
 

2 / Complaint Review and Resolution Process
Once the Commission receives a complaint, it decides whether to accept or reject it.

If the complaint is accepted, the respondent is asked to submit a written response. Most complaints are then referred to the conciliation process offered by the Commission. If conciliation fails, the Director of the Commission may either:

 

Refer the complaint to the Alberta Human Rights Tribunal, where a panel will be formed to hear the case, or
Close the file.


If the case is sent to the Tribunal, the parties may first participate in Tribunal Dispute Resolution (TDR), a mediation process. If no settlement is reached, the complaint proceeds to a Tribunal hearing, where a final decision will be made.

3 / If a Complaint Is Rejected

If the Commission rejects the complaint and you disagree with the decision, you can request a review by the Chief of the Commission, who will issue a final decision on the complaint.

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Alberta Human Rights Tribunal

The Alberta Human Rights Tribunal is an adjudicative body responsible for hearing and deciding complaints under the Alberta Human Rights Act. It operates independently from the Alberta Human Rights Commission.

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The Tribunal is formed by the Commission to rule on a discrimination complaint only if the parties fail to reach an agreement during the conciliation process offered by the Commission.
 

IMPORTANT: To bring a case before the Tribunal, a complaint must first be filed with the Commission.

What Types of Reparations Are Possible?

If the Tribunal determines that discrimination occurred, it may order the responsible party to compensate the victim.

Compensation may include a monetary award to cover losses and suffering, a formal apology to the victim, policy changes to prevent future discrimination, or mandatory participation in human rights education or training for the responsible party.

What If You Disagree with the Tribunal’s Decision?

It is possible to challenge the Tribunal’s decision by requesting a judicial review from the Court of King's Bench of Alberta.
 

IMPORTANT: The losing party has 30 days from the date they receive the Tribunal’s decision to file for judicial review with the Court of King's Bench.
 

For More Information:

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