The nature of Human Rights Complaints in Alberta, and the powers granted to the body which must uphold them, specifically those pertaining to complaints of discrimination, must be considered through a more pragmatic lens. 

The policy, practice, and legislation governing these complaints must by necessity take into consideration the potential consequences for Albertans (and Canadians) in making these complaints as actual barriers and mitigants to complainants seeking justice for acts of discrimination perpetuated against them, and conversely also must also reflect a progressive framework, which dismantles these barriers for the population's most vulnerable, and should reflect a commitment to action, which works to precipitate equity, trust, social welfare,  inclusion, and strength.

Imposing a time constraint of 1 year on individuals seeking justice is not justice. This time limit does not allow for the Alberta Human Rights Commission (AHRC) to consider the safety and security of vulnerable populations, who are at -risk for many reasons under current legislation.

A time constraint of 1 year does not promise confidentiality to the complainant in the case of educational or workplace discrimination cases, as employers and directors who engage in acts of discrimination are likely aware of the individuals they specifically are perpetrating these acts against if a complaint is made within 1 year. 

Additionally, and more specifically, in investigating human rights complaints in cases of discrimination on the grounds of disability, a time constraint of 1 year indicates a lack of ethical interest in, or moral attention given to, the safety and protection of the individual being discriminated against; the nature of one's impairment, or the way in which one's disability may affect their daily living, and or functioning can give rise to many additional barriers to seeking justice.

Undoubtedly there exist significant impairments to basic functioning, which restrict one's ability to report cases of discrimination, but also restrict one's ability to understand when discrimination has occurred, remember or effectively communicate when it has occurred, or place marked restrictions on one's ability to seek assistance and the resources required in order to seek justice against acts of discrimination which have occurred. 

For this reason, 1 year is not, in every case, a reasonable or actionable time frame for which a complaint may be raised - the threat to one's livelihood, living wages, employment opportunities, safety, security, shelter, reputation, and for some, variable limitations to capacity, are absolutely barriers to seeking justice in these settings, and at this time, the Alberta Human Rights Commission has zero authority to consider whether these barriers could have prevented any complaint being submitted at the time discrimination has occurred, as the Alberta Human Rights Act (the Act) explicitly prevents the reviewing of complaints submitted 365 days after the occurrence of an act of discrimination; the Alberta Human Rights Act in its current incarnation, explicitly prevents justice for victims. 

Petitioning the Legislative Assembly of Alberta to ratify an amendment to the Act could allow the AHRC the authority to consider extenuating circumstances for victims submitting complaints. Increasing the statute of limitations by just 1 year could effectively balance the important rights of individuals who seek enforcement and resolution when they feel they have been discriminated against, along with the rights of potential respondents to know, in a timely way, when such allegations will be brought, and would be a next first step toward accountability, equity, inclusion, strength, and justice for all Albertans. 

If you would like to support this ratification, kindly add your name, and email me your contact details at: m.kranabest@gmail.com, so I may confirm your signature on the official petition, which will be presented to a private member for presentation to the Assembly during an upcoming fall sitting during the Daily Routine. 

The official petition will read as follows: 

To the Legislative Assembly of Alberta in Legislature Assembled:

WHEREAS it is recognized in Alberta as a fundamental principle and as a matter of public policy that all persons are equal in dignity, rights and responsibilities;

WHEREAS it is recognized in Canada as a principle that all individuals should have an opportunity equal with other individuals to make for themselves the lives that they are able and wish, and to have their needs accommodated;

WHEREAS in upholding this commitment to equity, justice, and human rights, and in the interest of protecting vulnerable populations of Alberta who, for reasons of age, impairment, linguistic barriers, fear for personal, financial, or political security and safety, and limits in mental functioning and to mental capacity, are met with barriers to the discoverability that they may be victims of human rights violations and;

WHEREAS the limitation period for commencing civil litigation is, in many cases, two years after the date an incident has occurred and the current limitation period to make a complaint under the Alberta Human Rights Act is one year;

We, the undersigned residents of Alberta, petition the Legislative Assembly to urge the government to introduce legislation that would amend the Alberta Human Rights Act to give the Alberta Human Rights Commission the discretion to extend beyond one year, and not exceeding two, the period within which a complaint under the Act may be filed, in consideration of identifiable and significant barriers which may defer discoverability of an offense or contravention beyond the current statutory limit of one year.