Human Rights Complaints

If the discriminatory conduct or harassment cannot be resolved at an institutional level, it may become necessary to contact the Human Rights Commission. Each province has a provincial Commission and there is also the Canadian Human Rights Commission (CHRC). The CHRC can be contacted for issues involving:

  • Federal government departments, agencies and Crown corporations
  • Canadian forces
  • Canada Post
  • Chartered Banks
  • Airlines, inter-provincial transportation and shipping
  • Tele-communications companies, including internet service providers
  • Television and radio stations
  • First Nations employers
  • Some other bodies including credit corporations, grain companies, museums, nuclear power operations and uranium minds.

For all other areas, your provincial Commission will likely have jurisdiction.

The time limits on complaints vary with each Commission. The CHRC allows complaints to be filed within one year of the event offensive conduct occurring, but provincial Commissions (such as the Ontario Human Rights Commission, B.C. Human Rights Commission, etc.) have much shorter time periods. These are typically only 6 months from the date of offensive conduct. You should check with a lawyer or the applicable Commission about the time period to file a complaint, to ensure that you do not miss it. A missed limitation period could prevent you from proceeding with your complaint.

When you contact the Commission, you will need to explain your situation in detail. You will then be asked to send your complaint in writing. Your complaint will then be served on the party you are complaining about.

The Commission will work with you and the party you have filed the complaint against to bring about a resolution. Mediation may take place where the parties meet face to face and a neutral mediator appointed by the Commission will attempt to find possible solutions. Mediation is completely voluntary and confidential and the mediator cannot decide the matter or force any action. If no resolution can be reached, two different outcomes can result, depending on the Commission.

In most provinces, the Commission will begin an investigation to find evidence of discrimination/harassment. If sufficient evidence is found, the Commission will refer the complaint to a Board of Inquiry or Tribunal. In a legal setting, both parties will present their arguments, witnesses and evidence and a decision will be reached by the Board.

In British Columbia however, after attempts at mediation have failed, the complaint will go directly to Tribunal but you will either represent yourself or need to hire counsel. If you decide to represent yourself, you will need to do your own investigation, organize your argument, identify and prepare your witnesses, present your documents and also prepare opening and closing statements. WSO can be of assistance in advising you at this stage. For more information on how to prepare for a Tribunal hearing please visit the Tribunal’s website.

It may also sometimes be necessary to file a complaint about the discriminatory conduct, before the courts, rather than the human rights Tribunals. Your lawyer or the WSO can assist you in determining if this is the appropriate course of conduct.