Information on the mass filing of Human Rights Complaints

Here is the information on the mass filing of Human Rights Complaints on Wednesday April 15th for people interested in participating.
___________________________________________

Firstly, there is some advice for completing the Human Rights complaint action. You can download the form if you haven't already at:

http://www.albertahumanrights.ab.ca/complaintform-guide.pdf

Be sure to select all of Gender, Physical Disabilities, and Mental Disabilities as the grounds for complaint, so that it can be waged from many different angles.

IMPORTANT: It will be helpful to RSVP so that we have an idea how many will be attending. Michelle is the person to contact for Edmonton (cutecandace14@hotmail.com), and Jordenne at jordenne.prescott@gmail.com for Calgary.

Jordenne observes, with regards to the Ontario precedent:
"Three of the four complainants started their treatment process with the "legitimate expectation" of surgery being funded. And while that legitimate expectation does not translate into a right to funding, the Government has a responsibility to ensure the execution of it's various responsibilities does not compromise the dignity and integrity of it's citizens. ... Those of us who have started the process to be treated under the schema provided by the Alberta Government have to be considered if the Government de-lists the procedure."

It is advisable to emphasize this point in your complaint.

____________________________________

Kris Wells also added the following advice:

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.albertahumanrights.ab.ca/complaints/information_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.

______________________________________

Regarding the mass-filing action, this is to take place on Wednesday April 15th at 9:30 AM. You are not required to disclose anything about yourself to the media, if you're stealth, just tell them that you prefer not to be on record. There will be people present for the media to talk to. But by being present, your numbers give our action strength.

This is not a protest action, we don't want signs or chanting or anything -- our protest IS our filing, so we focus on that, and again, want to be civil and orderly. We also want to put our best face forward, and show people that we are far different from the stereotypical "rabble" assumptions that are often made about us. The HRC people are not our enemy, and in fact they are the people we need to appeal to for support.

In Edmonton, we meet at Beaver Hills Park (Amiskwaskahegan Park) on the north side of Jasper Avenue, at 105 Street at 9:30. We will be proceeding together to the offices at 800 Standard Life Centre, 10405 Jasper Avenue for 10:00.

In Calgary, we meet at the Cenotaph (the monument where they lay the wreaths on Remembrance Day) on the 4th street side of Memorial Park (between 11th and 12th Avenue), also at 9:30. We will be proceeding together to the offices at Suite 310, 525 – 11 Avenue SW for 10:00.

--
Take care,
Alberta Transgender Resources: http://www.albertatrans.org/