Section 50 Canadian Human Rights Act
Section 50 Canadian Human Rights Act 1985 is about Conduct of inquiry. It is under Inquiries into Complaints of Part III (Discriminatory Practices and General Provisions) of the Act.
Conduct of inquiry
(1) After due notice to the Commission, the complainant, the person against whom the complaint was made and, at the discretion of the member or panel conducting the inquiry, any other interested party, the member or panel shall inquire into the complaint and shall give all parties to whom notice has been given a full and ample opportunity, in person or through counsel, to appear at the inquiry, present evidence and make representations.
Power to determine questions of law or fact
(2) In the course of hearing and determining any matter under inquiry, the member or panel may decide all questions of law or fact necessary to determining the matter.
Additional powers
(3) In relation to a hearing of the inquiry, the member or panel may
(a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things that the member or panel considers necessary for the full hearing and consideration of the complaint;
(b) administer oaths;
(c) subject to subsections (4) and (5), receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the member or panel sees fit, whether or not that evidence or information is or would be admissible in a court of law;
(d) lengthen or shorten any time limit established by the rules of procedure; and
(e) decide any procedural or evidentiary question arising during the hearing.
Limitation in relation to evidence
(4) The member or panel may not admit or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.]
Conciliators as witnesses
(5) A conciliator appointed to settle the complaint is not a competent or compellable witness at the hearing.
Witness fees
(6) Any person summoned to attend the hearing is entitled in the discretion of the member or panel to receive the same fees and allowances as those paid to persons summoned to attend before the Federal Court.
See also:
– Section 49 Canadian Human Rights Act (Request for inquiry)
– Section 48.9 Canadian Human Rights Act (Conduct of proceedings)
