What HRAP does?
The Human Rights Adjudication Panel is a statutory office created under Part 5 of the Northwest Territories Human Rights Act, S.N.W.T., 2002, c. 18, as amended (the “Act”).
The Panel is an independent statutory office. It operates independently from both private and public organizations, including the Government of the Northwest Territories, the Human Rights Commission and the Director of Human Rights.
The members of the Panel were appointed by the Commissioner of the Northwest Territories on the recommendation of the Legislative Assembly. The statutory qualifications for an appointment as an Adjudicator include experience with, interest in and a sensitivity to, human rights and at least five years in the practice of law or at least five years experience as a member of another tribunal or court.
The Panel has two primary functions, namely to decide whether the Director of Human Rights has made a fair and reasonable decision to dismiss a filed Complaint (this is called the “Appeal” function); and, whether a Complaint which has been referred by the Director of Human Rights to the Panel has been proven and, if so, what remedy is appropriate (this is called the “Referral” function).
The panel makes decisions on Appeals and Referrals by conducting hearings. As part of the procedural authority of the Panel, members may also conduct mediations in appropriate circumstances.
The Panel is funded by, and is accountable in financial matters to, the Legislative Assembly.
As officers of the Legislative Assembly, Panel members exercise their decision-making authority in a fair and impartial manner, guided by the NWT Human Rights Act and applicable judge-made-law. This means that adjudicators must make decisions based upon the merits of each Appeal and Referral without bias against, and without favor to, any of the participants (“parties”).