The Executive Director for the Manitoba Human Rights Commission says she is hopeful Hanover School Division can reach a voluntary resolution with a couple from Steinbach that has filed a complaint against the division.

Isha Khan has confirmed Michelle McHale and Karen Phillips have filed a complaint in regards to Hanover's policy on discussing sexual orientation in the classroom. She notes once a complaint is filed it is reviewed by the Executive Director, who acts as the registrar. At that point, a copy is provided to the respondent, which in this case is the Hanover School Division. The respondent is given the opportunity to respond in writing to the complaint.

Khan says both sides will be offered an opportunity to engage in voluntary resolution discussions.

"We're always hopeful that the parties can reach a voluntary resolution with the assistance of the Commission's mediators," says Khan.

But if that is not successful, the respondent will be provided a deadline by which to provide a formal response in writing. After that, the complaint moves to the investigations area.

Khan says every case is different and so it is impossible to say what the timeline might be for this particular complaint. She notes they give a reasonable period of time, possibly thirty to sixty days for the mediator to speak with both parties and attempt to get on the same page. If unsuccessful and the complaint moves to the investigations stage, Khan says it could take at least several months for the Board of Commissions to determine whether the complaint warrants a public hearing.

"When a complaint is filed with the Human Rights Commission, the Commission needs to determine whether or not there is enough evidence to warrant a public hearing," says Khan.

That decision is based on interviews and reviewing documents. If a hearing is required, witnesses would be called to testify and documents would be entered as evidence. Khan says this is a formal legal proceeding and at the end the adjudicator must determine whether or not it is discrimination.

Khan notes if Hanover is determined to be committing discriminatory conduct, the adjudicator might order the division to pay compensation for the injury to the dignity of the complainant. The adjudicator might also order Hanover to compensate for any other financial losses.

"Most certainly the adjudicator can also order the respondent to change their processes or policies or develop new policies or processes to remedy the discrimination," says Khan.

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