This information sheet gives you information you need to apply to take part in a complaint as a non-party. The legal term for taking part as a non-party is “intervene”.
The parties to a human rights complaint have the right to take part in the Tribunal process.
The Office of the Human Rights Commissioner has a right to take part under s. 22.1(a) of the Human Rights Code. The Tribunal sets the terms for the Commissioner’s role.
The Tribunal may allow others to take part under s. 22.1(2) of the Human Rights Code.
This information sheet tells you:
There are two tests:
(a) help the Tribunal make its decision, and
(b) will not harm the other parties.
The legal term for assist is “make a useful contribution to the resolution of the complaint”.
The legal term for harm is “unduly prejudice”.
When you apply:
“We want to give a 20-page written argument about [describe] after the hearing.”
“The group wants to make a 15-minute oral argument after the hearing.”
- Usually, the Tribunal only lets a non-party make argument. If you want to give evidence or question witnesses, you must explain why.
- Describe the effect of your role on the other parties.
“The parties may want to respond to our argument. But this will not delay or complicate the hearing.”
An intervenor may help the Tribunal by telling it:
Harm means making the process unfair for a party.
The complaint process belongs to the parties. The parties decide the issues. Intervenors can harm a party if they add a new issue. This could add cost and delay.
You should apply to take part as early as possible. Usually, the Tribunal won’t let a non-party delay the process.