Friday, April 10, 2009

Subject: Making a Complaint to the Alberta Human Rights Commission

Subject: Making a Complaint to the Alberta Human Rights Commission - IMPORTANT INFORMATION

Hi everyone,

I've spoken to the Alberta Human Rights Commission and here is some important information for you to consider if you are making a complaint. The process is not designed to be onerous, so please call the Commission if you need any help or guidance in filing your complaint.

(1) Alberta does not accept multiple class action complaints. Only one complaint is actually needed to address systemic concerns. However, you are still invited to submit individual applications. Some complaints may be grouped together and assigned to one human rights officer.

(2) All those individuals who are on the 'wait list' for treatment or surgery are STRONGLY ENCOURAGED to submit a complaint and seek a personal remedy.

(3) Individuals who are not directly impacted by the de-listing may still file a complaint. They would have to demonstrate that there is a reasonable basis for filing a complaint and a contravention of the human rights legislation has taken place. Indicate that you believe this government action is discriminatory. The remedies are different for a policy complaint, rather than a personal complaint.

(4) When filing your complaint, check off 'Gender' and then 'Transgender' and claim mental and physical disability.

*It is easier to remove grounds than to add them later on in the complaint process. So leave all your options open.

(5) Please note: A complaint must be made to the Alberta Human Rights and Citizenship Commission within one year after the alleged incident.

(6) All complainants will receive notice from the Commission indicating if their complaint is within jurisdiction of the Commission. This assessment will be made by the Commission’s intake officer. For example, is this a ground protected by the legislation? Does the complaint form outline a reasonable basis for believing that the human rights legislation has been contravened?

Normally, a letter of response from the Commission will be sent to the complainant within 10 days.

(7) There is no fee for filing a complaint. It is not necessary to hire a lawyer to file a complaint. However, you have the choice to appoint someone to assist or represent you in filing a complaint.

You can find information about filing a complaint by visiting:
http://www.facebook.com/l.php?u=http://www.albertahumanrights.ab.ca%2Fcomplaints%2Finformation_complainants.asp

(8) There has been some discussion about filing these complaints en masse and inviting the media to attend as a further way to highlight the government’s discriminatory actions. If you would like to participate in this collective action, please hold onto your complaint until the date and time is set. The Commission will not release to the public or media any information on complaints, so when you file your confidentiality will be protected.

Watch the Facebook page for further details!

I hope this information is helpful.

Kris

p.s. You might also be interested in signing the online petititon created by Sarah King: http://www.facebook.com/l.php?u=http://www.thepetitionsite.com%2F1%2Fre-list-sex-reassignment-surgery-funding-in-alberta

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