Justice delayed is justice denied: Process changes at the Alberta Human Rights Commission

By: Melissa Luhtanen, Alberta Human Rights Commission

During Access to Justice Week, it is particularly timely to reflect on how the processes guiding human rights complaints are intricately connected to the fundamental nature of our relationship with government and administrative bodies. Administrative law, a branch of public law, governs the relationship between citizens and the government. A central challenge in adjudicating such important rights is protecting procedural fairness while considering increasingly complex complaints.

Procedural fairness, also known as natural justice, refers to the principles that ensure fair decision-making within an administrative body, such as the Alberta Human Rights Commission. These rights are similar to those in a Court of law, but more flexible. They ensure that individuals are treated justly and have the opportunity to present their case in an unbiased, transparent, and timely process.
 
The well-known legal principle, "justice delayed is justice denied," underscores the idea that prolonged delays in resolving legal matters undermine the very essence of justice. The principle emphasizes that justice must be swift and efficient to maintain its credibility and value.

Over the past five years, the Commission has undergone a comprehensive process overhaul. Between 2019 and 2021, the Commission implemented the Case Inventory Resolution Project, which informed the restructuring of the Director’s complaint process, and came into effect January 1, 2022. Key improvements include shortened timeframes, simplified information requests, and a greater emphasis on mediated resolutions.
 
The revamped complaint process has resulted in significant successes, notably ending the decades-long trend of increasing backlogs. For four consecutive years, the Commission has resolved more complaints than were received. Additionally, processing times have been significantly reduced. The new process is streamlined, with a simplified process for submissions: at intake, and immediately before a decision. Submission deadlines are now brief with reasonable page limits. This marks a stark contrast to the previous system, which has been completely transformed.
 
Creating a process that supports procedural fairness, while acknowledging that justice must not be delayed, is a constant consideration at the Commission. Access to justice in this forum means taking into account the issues that must be decided, and using appropriate processes that are both just and expeditious. Notably this challenge has never been more important than now, where complaints submitted to the Commission have increased by 36% in the past year. Fairness dictates that Albertans have access to a forum that ensures a transparent and timely process that upholds justice and allows all parties to be heard and treated equally within the administrative system.