Navigating the process of filing a human rights complaint can be daunting, especially when dealing with the complexities of discrimination in the workplace or other areas of life. Each province in Canada has its own specific procedures and requirements for addressing such complaints, guided by its respective human rights legislation.
This comprehensive guide will walk you through the steps necessary to file a human rights complaint in Canada, ensuring you understand your rights and the procedures to protect them. Whether you’re facing discrimination at work, in housing, or in public services, this guide will provide you with the essential information needed to pursue justice and uphold your rights under the law.
What is a human rights complaint?
A human rights complaint is a formal grievance filed by an individual who believes they have been subjected to discrimination or unfair treatment in violation of their rights under human rights legislation. This type of complaint typically involves instances where an individual’s rights are infringed upon based on specific “protected grounds” or characteristics, such as race, gender, disability, or religion. Human rights complaints can arise in various contexts, including employment, housing, and public services.
When filing a human rights complaint, you are essentially seeking a legal resolution to address and rectify the discrimination you have experienced. The complaint process involves documenting the alleged discrimination, submitting a formal grievance to the relevant human rights commission or tribunal, and often undergoing a review and investigation process to determine if your complaint has merit and what remedies may be appropriate.
Why is it important to submit a human rights complaint?
Submitting a human rights complaint is crucial for several reasons:
- Protection of Rights: Filing a complaint is a way to assert your rights and ensure they are protected under the law. It allows you to challenge discriminatory practices and seek justice for any violations.
- Accountability: Complaints hold individuals and organizations accountable for their actions. By reporting discrimination, you contribute to creating a more equitable environment and encouraging fair treatment.
- Resolution and Remedies: The complaint process can lead to resolutions that may include compensation, policy changes, or other remedies that address the harm caused by discrimination. This can help restore fairness and prevent future occurrences.
- Precedent for Others: By bringing forward a complaint, you help set a precedent that can benefit others in similar situations. Your action can contribute to broader changes and improvements in how discrimination is handled.
- Personal Empowerment: Taking action against discrimination empowers you to stand up for yourself and others. It reinforces the importance of equality and the need for systems that support and uphold human rights.
Submitting a human rights complaint is an essential step in challenging unfair treatment and working towards a more just and inclusive society.
Related reading:
How to file a human rights complaint in each province
The following is a breakdown of how to file a human rights complaint in each province in Canada.
1. How to file a human rights complaint in Alberta
In Alberta, a human rights violation occurs when an individual faces discrimination or unfair treatment that infringes on their rights under the Alberta Human Rights Act. This Act protects individuals in various domains, including employment, housing, services, and public accommodations, based on specific “protected grounds.”
Protected grounds include:
- Race and colour
- Ancestry and place of origin
- Religious beliefs
- Age
- Sex (including pregnancy and gender identity)
- Sexual orientation
- Disability (physical or mental)
- Marital status
- Family status
- Source of income
What warrants a complaint?
If you believe you have been discriminated against based on any of these protected grounds, you can file a complaint with the Alberta Human Rights Commission. Situations that may warrant a complaint include:
- Employment: Being denied employment or promotion due to your age or disability.
- Housing: Facing refusal of a rental property due to your family status or source of income.
- Services: Being denied service or treated unfairly in a public place because of your race or sexual orientation.
Filing a complaint:
To file a complaint, follow these steps:
- Visit the Alberta Human Rights Commission website.
- Complete the complaint self-assessment.
- Download or complete the complaint form online. See the Complaint Guide for more information.
- Clearly describe the discrimination incident(s), including dates, location, and any relevant evidence.
- Submit the completed form to the Alberta Human Rights Commission via email, mail, or in person within one year of the discriminatory act.
- Wait for an intake officer to contact you to discuss the complaint and next steps.
Time Limit for Filing:
Complaints must be filed within one year of the discriminatory act. The Commission may extend this period in exceptional cases.
Timely action is essential to ensure your rights under the Alberta Human Rights Act are upheld and to address any instances of discrimination effectively.
2. How to file a human rights complaint in BC
In British Columbia (B.C.), a human rights violation occurs when someone is treated unfairly or discriminated against in a way that violates their rights under the B.C. Human Rights Code. This provincial law protects people from discrimination in areas like employment, housing, services, and publications based on specific personal characteristics, known as “protected grounds.”
Protected grounds include
- Race, colour, ancestry, place of origin
- Religion
- Marital status
- Family status (does not apply to buying a property)
- Physical or mental disability
- Sex (including pregnancy, breastfeeding, sexual harassment, gender identity, and gender expression)
- Sexual orientation
- Age (if 19 years or older, does not apply to buying property)
- Political belief (employment only)
- Criminal conviction (employment only, if unrelated to the job)
- Lawful source of income (only applies to the tenancy)
What warrants a complaint?
A complaint can be filed with the B.C. Human Rights Tribunal if you believe you have been discriminated against based on any of these protected grounds. Some examples that may warrant a complaint include:
- Employment: Being fired, demoted, or harassed at work due to your race, gender, disability, or any other protected ground.
- Housing: Being denied a rental apartment because of your family status or age.
- Services: Being refused service at a business or treated unfairly due to your sexual orientation or religion.
Filing a complaint:
If you experience discrimination, you can file a complaint with the B.C. Human Rights Tribunal. The following is a breakdown of how to file a human rights complaint in B.C.
Please note: There is a one-year time limit for filing a complaint. However, the Tribunal may allow a complaint to be filed after the time limit.
- Go to the BC Human Rights Tribunal website.
- Complete the online complaint form or download the PDF version.
- Provide details of the discriminatory act, including supporting documents.
- Submit the form online or via mail within one year of the discrimination.
- Await an initial screening by the Tribunal to determine if the complaint will proceed.
- Possible Outcomes: If your complaint is upheld, remedies might include compensation, policy changes, or required training for the violator.
3. How to file a human rights complaint in Manitoba
In Manitoba, a human rights violation occurs when someone is treated unfairly or discriminated against in a way that violates their rights under the Manitoba Human Rights Code. This law protects individuals from discrimination in various aspects of life, including employment, housing, services, and contracts, based on specific personal characteristics known as “protected characteristics.”
Protected Characteristics Include:
- Ancestry, including colour and perceived race
- Nationality or national origin
- Ethnic background or origin
- Religion, religious belief, association or activity
- Age
- Sex (including pregnancy)
- Gender identity
- Sexual orientation
- Marital or family status
- Source of income
- Political belief, political association, or political activity
- Physical or mental disability
- Social disadvantage
What warrants a complaint?
A complaint can be filed with the Manitoba Human Rights Commission if you believe you have been discriminated against based on any of these protected characteristics. Some examples of situations that may warrant a complaint include:
- Employment: Being denied a job, promotion, or equal pay because of your sex, age, or ethnicity.
- Housing: Being refused a rental property due to your marital status or source of income.
- Services: Being denied service at a restaurant or business because of your race or disability.
- Contracts: Being treated unfairly in a business contract due to your social disadvantage or political beliefs.
Filing a complaint:
If you experience discrimination, you can file a complaint with the Manitoba Human Rights Commission. The process generally involves:
- Visit the Manitoba Human Rights Commission website.
- Fill out the complaint form available online.
- Include specific information about the discriminatory actions, with dates and evidence.
- Submit the form to the Manitoba Human Rights Commission by email, mail, or in person within one year.
- The Commission will review the complaint and contact you for further details.
Time Limit for Filing
There is a one-year time limit for filing a complaint from the date of the alleged discrimination. However, under special circumstances, the Commission may accept a late complaint.
If you believe your rights under the Manitoba Human Rights Code have been violated, it’s important to act quickly to file a complaint and seek the appropriate remedies.
4. How to file a human rights complaint in New Brunswick
In New Brunswick, human rights violations occur when an individual experiences unfair treatment or discrimination that infringes on their rights, as outlined in the New Brunswick Human Rights Act. This Act safeguards individuals from discrimination in various areas, including employment, housing, services, and public facilities, based on specific “protected grounds.”
Protected grounds include:
- Colour
- National Origin
- Ancestry
- Place of Origin
- Creed of religion
- Age
- Physical disability
- Mental disability
- Marital status
- Family status
- Sex (including pregnancy)
- Sexual orientation
- Gender identity or expression
- Social condition (includes your source of income, level of education and type of occupation)
- Political belief or activity
What Warrants a Complaint?
If you believe you’ve been discriminated against based on any of these protected grounds, you can file a complaint with the New Brunswick Human Rights Commission. Situations that may warrant a complaint include:
- Employment: Being overlooked for a job or promotion due to your race or gender.
- Housing: Facing refusal of a rental application because of your family status.
- Services: Being denied access to a service due to your disability.
- Public Facilities: Being treated unfairly in public spaces based on your political beliefs.
Filing a Complaint:
To file a complaint, follow these steps:
1. Visit the New Brunswick Human Rights Commission’s website.
2. Download and complete the complaint form, providing detailed information about the incident, including dates and evidence.
3. Submit the completed form by mail, email, or inperson to the Commission within one year of the alleged discrimination.
4. The Commission will review your complaint and may contact you for additional information.
Time Limit for Filing:
You must file your complaint within one year of the discriminatory incident. The Commission may consider extending this period in exceptional cases.
If your rights under the New Brunswick Human Rights Act have been violated, timely action is crucial to ensure your complaint is heard and appropriate remedies are sought.
5. How to file a human rights complaint in Newfoundland and Labrador
In Newfoundland and Labrador, a human rights violation occurs when an individual is subjected to unfair treatment or discrimination that contravenes their rights under the Newfoundland and Labrador Human Rights Act, 2010. This Act protects individuals in various spheres, including employment, housing, and public services, based on specific “prohibited grounds.”
Prohibited Grounds Include:
- Race
- Colour
- Nationality, ethnic, or social origin
- Religious creed or belief
- Age
- Disability or perceived disability
- Disfigurement
- Sex
- Sexual orientation
- Gender identity
- Gender expression
- Marital status
- Family status
- Source of income
- Political opinion
- Conviction for an offence (you were discriminated against because of the conviction for an offence that is unrelated to your employment. The prohibited ground of conviction for an offence only applies when you are looking for a job or at work.)
- Association with other individuals (because of your friendship, kinship or other relationship with an individual or a group of individuals identified by one of the prohibited grounds.)
- Retaliation (you were discriminated against or harassed because you previously filed a human rights complaint).
What Warrants a Complaint?
If you feel that you’ve been discriminated against based on any of the prohibited grounds, you can file a complaint with the Newfoundland and Labrador Human Rights Commission. Examples of situations that may lead to a complaint include:
- Employment: Being fired or demoted because of your gender or disability.
- Housing: Being denied a lease because of your source of income.
- Services: Facing refusal of service at a public establishment due to your sexual orientation.
Filing a Complaint:
To file a complaint, you should:
1. Visit the Newfoundland and Labrador Human Rights Commission website.
2. Fill out the complaint form, providing detailed information, including the nature of the discrimination, dates, and any supporting evidence.
3. Submit the form by mail, email, or in-person to the Commission within one year of the incident.
4. The Commission will review the complaint and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within one year of the discriminatory act. However, the Commission has discretion to extend this period in certain circumstances.
Taking prompt action is essential to ensure your rights under the Newfoundland and Labrador Human Rights Act, 2010, are upheld and appropriate steps are taken to address the discrimination.
6. How to file a human rights complaint in Nova Scotia
In Nova Scotia, a human rights violation occurs when an individual is discriminated against or treated unfairly in a way that infringes on their rights as outlined in the Nova Scotia Human Rights Act. This Act provides protection in areas like employment, housing, services, and access to public spaces based on specific “protected characteristics.”
Protected characteristics include:
- Age
- Race
- Colour
- Religion
- Creed
- Ethnic, national or aboriginal origin
- Sex (including pregnancy and pay equity)
- Sexual orientation
- Physical disability
- Mental disability
- Family status
- Marital status
- Source of income
- Harassment (and sexual harassment)
- Irrational fear of contracting an illness or disease
- Association with protected groups or individuals
- Political belief, affiliation or activity
- Gender Identity
- Gender Expression
- Retaliation
What warrants a complaint?
If you believe you have been discriminated against based on any of the protected characteristics, you can file a complaint with the Nova Scotia Human Rights Commission. Examples include:
- Employment: Being denied a promotion because of your gender identity.
- Housing: Facing discrimination in renting an apartment due to your source of income.
- Services: Being refused service in a public facility because of your disability.
Filing a Complaint:
To file a complaint, follow these steps:
- Visit the Nova Scotia Human Rights Commission’s website.
- Before submitting a formal complaint, you must complete an Inquiry Form. The Inquiry Form is designed to help you detail what occurred when it occurred and the impact it had on you. The information you provide will be used to evaluate whether your situation may constitute a complaint under the Nova Scotia Human Rights Act.
- If your inquiry meets the criteria, it will advance to the complaint process. The information you provided will be transferred to an official complaint form and reviewed with you. You will then be asked to sign and date the form. Once signed, your case will be officially registered as a human rights complaint.
- The Commission will assess the complaint and may request additional information.
Time Limit for Filing:
Complaints should be filed within one year of the incident. In special cases, the Commission may allow late filings.
Acting swiftly ensures that your rights under the Nova Scotia Human Rights Act are protected and that the Commission can address the discrimination.
7. How to file a human rights complaint in Ontario
In Ontario, a human rights violation happens when someone experiences unfair treatment or discrimination that breaches their rights under the Ontario Human Rights Code. This Code protects individuals from discrimination in areas such as employment, housing, services, contracts, and vocational associations based on specific “protected grounds.”
Protected Grounds Include:
- Age
- Ancestry, colour, race
- Citizenship
- Ethnic origin
- Place of origin
- Creed
- Disability
- Family status
- Marital status (including single status)
- Gender identity, gender expression
- Receipt of public assistance (in housing only)
- Record of offences (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation.
What Warrants a Complaint?
If you believe you’ve been discriminated against based on any of these grounds, you can file a complaint with the Ontario Human Rights Tribunal. Examples include:
- Employment: Being refused a job because of your age or disability.
- Housing: Being denied a rental unit due to your family status.
- Goods, services and facilities: Facing discrimination in accessing services because of your ethnic origin.
Filing a Complaint:
To file a complaint, you should:
- Visit the Ontario Human Rights Tribunal website.
- Complete the complaint form (referred to as the application form) with detailed information about the incident, including dates and supporting evidence.
- Submit the application online, by mail, or in person within one year of the discriminatory act.
- The Tribunal will review your application and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within one year of the incident. In some cases, the Tribunal may consider late applications if there are valid reasons for the delay.
Taking timely action is important to ensure your rights under the Ontario Human Rights Code are protected and that appropriate remedies are sought.
8. How to file a human rights complaint in Prince Edward Island
In Prince Edward Island (PEI), a human rights violation occurs when someone experiences discrimination or unfair treatment that violates their rights under the Prince Edward Island Human Rights Act. This Act safeguards individuals from discrimination in areas like employment, housing, services, and public facilities based on specific “protected characteristics.”
Protected characteristics include:
- Age
- Colour
- Creed
- Disability
- Ethnic or national origin
- family status
- Gender expression
- Gender identity
- Marital status
- Political belief
- Race
- Religion
- Sex
- Sexual orientation,
- source of income of any individual or class of individuals
What Warrants a Complaint?*
If you believe you have been discriminated against based on any of the protected characteristics, you can file a complaint with the Prince Edward Island Human Rights Commission. Examples include:
- Employment: Being denied a job because of your sexual orientation.
- Accommodation (Housing): Facing refusal of a rental due to your marital status.
- Services: Being treated unfairly at a public establishment due to your race.
Filing a Complaint:
To file a complaint, follow these steps:
- Visit the Prince Edward Island Human Rights Commission website.
- Fill out the complaint form with detailed information about the discriminatory incident, including dates and evidence.
- Submit the form by mail, email, or in-person to the Commission within one year of the incident.
- The Commission will review your complaint and may contact you for additional information.
Time Limit for Filing:
Complaints must be filed within one year of the discriminatory act. The Commission may allow late filings in certain circumstances.
Prompt action ensures that your rights under the Prince Edward Island Human Rights Act are protected and that appropriate steps are taken to address the discrimination.
9. How to file a human rights complaint in Quebec
In Quebec, a human rights violation occurs when someone is discriminated against or treated unfairly in a manner that contravenes their rights under the Quebec Charter of Human Rights and Freedoms. This Charter provides comprehensive protection against discrimination in various areas, including employment, housing, and services, based on specific “prohibited grounds.”
Prohibited Grounds Include
- Race
- Colour
- Sex
- Gender identity or expression
- Pregnancy
- Sexual orientation
- Civil status
- Age except as provided by law
- Religion
- Political convictions
- Language
- Ethnic or national origin
- Social condition,
- a handicap or the use of any means to palliate a handicap
What warrants a complaint?
If you believe you have been discriminated against based on any of the prohibited grounds, you can file a complaint with the Quebec Human Rights Commission. Examples of situations that may lead to a complaint include
- Employment: Being passed over for a job due to your language or political beliefs.
- Housing: Being refused a rental property because of your social condition
- Services: Facing discrimination in accessing services because of your ethnic origin.
- Juridical acts (includes contracts, collective agreements, wills, insurance or pensions contracts, social benefit plans, retirement, pension or insurance plans; public pension or public insurance plans) (Canadian Association of Statutory Human Rights Agencies, n.d.)
Filing a complaint:
To file a complaint, you should:
1. Visit the Quebec Human Rights Commission website.
2. Complete the complaint form with detailed information, including the nature of the discrimination, dates, and supporting evidence.
3. Submit the form by mail, email, or in-person to the Commission
4. The Commission will review the complaint and may contact you for further details.
Time Limit for Filing:
File your complaint immediately. No later than three years from the incident. If the situation involves a municipality or the police, you must file within six months. The Commission may choose not to process complaints if the incident occurred more than two years ago.
Acting quickly ensures that your rights under the Quebec Charter of Human Rights and Freedoms are upheld and that appropriate remedies are sought.
10. How to file a human rights complaint in Saskatchewan
In Saskatchewan, a human rights violation occurs when an individual experiences discrimination or unfair treatment that violates their rights under the Saskatchewan Human Rights Code. This Code protects individuals from discrimination in areas such as employment, housing, and public services based on specific “prohibited grounds.”
Prohibited grounds include:
- Religion or creed
- Family status (including parent-child relationship and pregnancy)
- Marital status
- Sex
- Gender identity
- Sexual orientation
- Disability (physical or mental)
- Age (18 or more)
- Colour
- Ancestry
- Nationality or place of origin
- Race or perceived race
- Receipt of public assistance (housing)
What Warrants a Complaint?
If you believe you’ve been discriminated against based on any of these grounds, you can file a complaint with the Saskatchewan Human Rights Commission. Examples include:
- Employment: Being unfairly terminated because of your age.
- Housing: Facing discrimination in renting an apartment due to your family status.
- Public Services: Being refused access to public services because of your disability.
Filing a Complaint:
To file a complaint, you should:
1. Visit the Saskatchewan Human Rights Commission website.
2. Complete the complaint form, providing detailed information about the incident, including dates and evidence.
3. Submit the form by mail, email, or in person within one year of the incident.
4. The Commission will review your complaint and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within one year of the discriminatory incident. The Commission may allow late filings in certain circumstances.
Taking timely action is crucial to protect your rights under the Saskatchewan Human Rights Code and to ensure appropriate remedies are sought.
11. How to file a human rights complaint in Northwest Territories
In the Northwest Territories, a human rights violation occurs when someone experiences discrimination or unfair treatment that violates their rights under the Northwest Territories Human Rights Act. This Act protects individuals in areas such as employment, housing, services, and public facilities based on specific “protected grounds.”
Protected grounds include:
- Age
- Disability
- Race
- Colour
- Ancestry
- Place of origin
- Ethnic origin
- Nationality
- Sex
- Sexual orientation
- Gender identity
- Family status
- Family affiliation
- Marital status
- Social condition
- Religion
- Creed
- Political belief
- Political association
- Pardoned criminal conviction
- Record suspension
What Warrants a Complaint?
If you believe you have been discriminated against based on any of these grounds, you can file a complaint with the Northwest Territories Human Rights Commission. Examples include:
- Employment: Being denied a promotion because of your gender identity.
- Housing: Facing refusal of rental due to your family status.
- Services: Being denied service at a public establishment due to your race.
Filing a Complaint:
To file a complaint, follow these steps:
1. Visit the Northwest Territories Human Rights Commission website.
2. Fill out the complaint form with detailed information about the discriminatory incident, including dates and evidence.
3. Submit the form by mail, email, or in person within two years of the incident.
4. The Commission will review your complaint and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within two years of the discriminatory act. The Commission may extend this period in exceptional cases.
Acting promptly is key to ensuring your rights under the Northwest Territories Human Rights Act are upheld and that the appropriate measures are taken to address the discrimination.
12. How to file a human rights complaint in Nunavut
In Nunavut, a human rights violation occurs when an individual is treated unfairly or discriminated against in a way that violates their rights under the Nunavut Human Rights Act. This Act provides protection against discrimination in areas such as employment, housing, services, and public facilities based on specific “prohibited grounds.”
Prohibited grounds include:
- Race
- Colour
- Ancestry
- Ethnic origin
- Citizenship
- Place of origin
- Creed
- Religion
- Age
- Disability
- Sex
- Sexual orientation
- Marital status
- Family status
- Pregnancy (including adoption of a child by a man or woman)
- Gender identity
- Gender expression
- Lawful source of income and a conviction for which a pardon has been granted
What warrants a complaint?
If you believe you’ve been discriminated against based on any of these grounds, you can file a complaint with the Nunavut Human Rights Tribunal. Examples include:
- Employment, which is being refused a job because of your age or disability.
- Housing: Facing discrimination in renting a property due to your family status.
- Services: Being treated unfairly in accessing services because of your ethnic origin.
Filing a Complaint:
To file a complaint, you should:
1. Visit the Nunavut Human Rights Tribunal website.
2. Complete a Notification form. A notification is a form that must be completed by the Applicant who says they have been discriminated against. The Notification form asks you to explain the following: who do it, what happened, what prohibited ground of discrimination are you filing the complaint about, is it still occurring, who else knows or saw it, how were you affected, what would make it right?
3. Submit the form by mail, email, or in person within one year of the incident.
4. The Tribunal will review and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within one year of the incident. The Tribunal may extend this period in exceptional cases.
Taking timely action is important to protect your rights under the Nunavut Human Rights Act and to seek appropriate remedies.
13. How to file a human rights complaint in Yukon
In Yukon, a human rights violation occurs when someone is discriminated against or treated unfairly in a manner that violates their rights under the Yukon Human Rights Act. This Act protects individuals from discrimination in areas such as employment, housing, services, and public facilities based on specific “prohibited grounds.”
Prohibited Grounds Include:
- ancestry, including colour and race;
- national origin;
- ethnic or linguistic background or origin;
- religion or creed,
- age;
- sex, including pregnancy;
- gender identity or gender expression;
- sexual orientation;
- physical or mental disability;
- criminal charges or criminal record;
- political belief, political association, or political activity;
- marital or family status;
- source of income;
- Actual or presumed association with other individuals or groups whose identity or membership is determined by any of the grounds listed in paragraphs (a) to (l).
What Warrants a Complaint?
If you believe you’ve been discriminated against based on any of the prohibited grounds, you can file a complaint with the Yukon Human Rights Commission. Examples include:
- Employment: Being overlooked for a promotion due to your race or disability.
- Housing: Facing refusal of a rental property because of your family status.
- Services: Being denied access to a service due to your sexual orientation.
Filing a Complaint:
To file a complaint, follow these steps:
1. Visit the Yukon Human Rights Commission website
2. Complete the complaint form with detailed information, including the nature of the discrimination, dates, and evidence. The Yukon Human Rights Commission recommends booking an appointment with a human rights officer before proceeding with a complaint to ensure it includes the necessary information.
3. Submit the form by mail, email, or in person within six months of the discriminatory act.
4. The Commission will review your complaint and may contact you for further details.
Time Limit for Filing:
Complaints must be filed within 18 months of the incident, or if a continuing contravention is alleged, the complaint must be filed within 18 months of the last alleged instance of the contravention.
Acting quickly ensures that your rights under the Yukon Human Rights Act are protected and that appropriate measures are taken to address the discrimination.
How to file a human rights complaint for federally regulated employees
For employees working under federal jurisdiction in Canada, addressing discrimination or unfair treatment involves a specific process governed by the Canadian Human Rights Commission (CHRC). Here’s how to file a human rights complaint in this context:
What warrants a complaint?
In federally regulated workplaces, discrimination can occur based on various protected grounds under the Canadian Human Rights Act (CHRA), including:
- Race
- National or Ethnic Origin
- Colour
- Religion
- Age
- Sex
- Sexual Orientation
- Gender Identity or Expression
- Marital Status
- Family Status
- Disability
- Genetic Characteristics
- A conviction for which a pardon has been granted or a record suspended
If you believe you have been discriminated against based on any of these grounds, you can file a complaint with the CHRC. Situations that might warrant a complaint include:
- Employment: Experiencing unfair treatment or being denied employment or promotion due to your gender or disability.
- Public Services: Facing discrimination in accessing federal services or facilities.
Filing a complaint:
To file a human rights complaint as a federally regulated employee, follow these steps:
- Visit the CHRC Website: Go to the Canadian Human Rights Commission website
- Complete the Complaint Form: Download and complete the complaint form available on the website. Provide detailed information about the alleged discriminatory incident, including dates and evidence.
- Submit the Complaint: Submit your completed form by mail, email, or online through the CHRC’s submission portal. Complaints should be filed within one year of the discriminatory act. The Commission may extend this period in exceptional circumstances.
- Initial Review: The CHRC will review your complaint to determine if it falls within its mandate and is appropriate for further action.
- You may be contacted for additional information or clarification.
- Investigation: If the complaint is accepted, the CHRC will conduct an investigation to assess the evidence and determine if the complaint is justified. This may involve mediation or discussions with the respondent to resolve the issue.
- Resolution: If the complaint is substantiated, the CHRC may recommend remedies such as compensation, policy changes, or other corrective actions to address the discrimination.
The time limit for filing:
Complaints must be filed within one year of the alleged discriminatory incident. However, the CHRC may consider extending this period under special circumstances.
Prompt action ensures that your rights under the Canadian Human Rights Act are protected and that appropriate measures are taken to address the discrimination.
Final thoughts on filing a human rights complaint in Canada:
This guide is designed to help you navigate the process of filing a human rights complaint in each province and territory in Canada. Be sure to check the specific requirements for your location and consult with the relevant commission or tribunal if you need further assistance.
Filing a human rights complaint can be a complex and sometimes daunting process, but understanding the steps specific to your province or territory can make it more manageable. Whether you’re in Alberta, Ontario, or anywhere else in Canada, taking action to protect your rights is a critical step toward ensuring equality and justice.
Contact Resolute Legal for Support
Navigating the process of filing a human rights complaint can be challenging and complex. Partnering with an experienced employment law firm, such as Resolute Legal, can be highly beneficial in managing your case effectively.
At Resolute Legal, our dedicated team is here to assist you through every step of the human rights complaint process. We provide clear guidance, ensure that all necessary documents are accurately completed, and represent your interests throughout the process. Working with our employment lawyers allows you to focus on your well-being while we handle the legal details and advocate on your behalf.
If you believe you’ve encountered discrimination or unfair treatment, don’t hesitate to get in touch with Resolute Legal. Our team is ready to offer the support you need to pursue justice. Contact us today to schedule a consultation and take the first step in addressing your concerns.
Download our free Guide
