C-12 - Charter of human rights and freedoms

Section 78 Disposition versions

1990-12-10

78. The commission shall seek, in respect of every situation reported in the complaint or revealed in the course of the investigation, any evidence allowing it to decide whether it is expedient to foster the negotiation of a settlement between the parties, to propose the submission of the dispute to arbitration or to refer any unsettled issue to a tribunal.

The commission may cease to act where it believes it would be futile to seek further evidence or where the evidence collected is insufficient. Its decision shall state in writing the reasons on which it is based and indicate any remedy which the commission may consider appropriate; it shall be notified to the victim and the complainant. Where the commission decides to cease to act, it shall give notice thereof to any person to whom a violation of rights is attributed in the complaint.

1975, c. 6, s. 78; 1989, c. 51, s. 5.

1977-12-31

78. When the Public Protector receives a complaint which falls under the jurisdiction of the commission, he shall transfer the record to the commission, which shall be seized thereof of right.

1975, c. 6, s. 78.