Filing A Complaint
If you believe you have been discriminated against you can contact the Human Rights Commission and speak to a Human Rights Officer. The commission can only accept complaints that are covered by the Human Rights Act. If your concern is not within our responsibility, we may be able to refer you to another agency that can help.
Early Resolution
Parties can resolve complaints through mediation or settlement at any stage in the process - before or at intake and during an investigation. In many cases these negotiations provide a faster, more co-operative method of resolving complaints than investigations and hearings.
There are three main stages to filing a complaint:
Stage 1: First contact with the commission
If you believe you have been discriminated against you can contact the Human Rights Commission and speak to a Human Rights Officer. The commission can only accept complaints that are covered by the Human Rights Act. If your concern is not within our responsibility, we may be able to refer you to another agency that can help.
If your concern appears to be covered by the Act, the Human Rights Officer may offer to contact the person with whom you have the concern to try to clarify the situation and work out a resolution. If this is not possible, the officer will provide you with Intake Forms to complete, sign, and return to the commission. The purpose of the forms is to obtain better information about your situation so that the commission can proceed with your matter appropriately.
How you can help
There are many ways you can help us look into your complaint.
- Keep detailed notes and records of such things as what happened, when it happened (including dates), and who was involved
- Prepare a list of witnesses you think we should interview, including names, positions, addresses and telephone numbers, if possible
- Inform us of any changes to your address or telephone number
- Assist staff at every stage of the process
If commission staff are not able to communicate with you about your complaint or there is a lack of co-operation, there will be delays in the process and your matter could be dismissed.
Stage 2: Initial Assessment
After a Human Rights Officer reviews your Intake Forms, they will determine if the commission should proceed with your matter or whether it should be dismissed. If it proceeds, the officer will prepare a letter to potential respondent(s) to inform them that you contacted the commission about your concerns. The officer will ask for relevant information and try to resolve your concerns before a formal complaint is filed.
Note: If the Human Rights Officer determines that the commission should not proceed further with your matter, and you disagree with the reasons that were provided, you can appeal the decision. You may ask the Manager of Investigation and Compliance to review the decision. The manager may reopen your matter if the information on file warrants such a decision.
Stage 3: Filing a formal complaint
If your matter is not resolved or discontinued, a Human Rights Officer will draft a formal complaint for your review and signature. It is then sent to the respondent who is asked to provide a written response. You will be given a copy of the response and can make comments on it if you wish to do so. This is called a rebuttal. If you provide a rebuttal, a copy of it will also be sent to the respondent.
Note: Formal complaints must be filed with the commission within 12 months of the incident you are concerned about. If you believe you have been discriminated against, we recommend that you contact the commission as soon as possible after the discriminatory action so that we have sufficient time to process your matter.
Next Steps
After the Human Rights Officer receives the submissions from you and the respondent, they will assess any other information needed to help understand both sides of the case and to complete the investigation. This may involve interviewing witnesses and reviewing relevant documentation such as job descriptions, work schedules, policies of an organization and medical documents.
Using this evidence, the Human Rights Officer prepares a report. This report will contain a recommendation for what action should be taken in respect to the complaint. The officer could recommend any of the following:
- attempt to settle the matter, for example, through mediation
- refer the complaint to a Board of Inquiry for a public hearing
- discontinue the complaint and close the file
All parties receive a copy of the report and are invited to comment on it. Once comments have been received, the report and the comments are provided to the Commissioners who decide whether to follow the Human Rights Officer's recommendation.
Commissioners are not bound by the recommendations of the Human Rights Officer and will make their decision based on the report and comments from the parties.
Human Rights Commissioners
The Commissioners are individuals who have been appointed by a provincial Order in Council; they are not Human Rights Commission staff. They meet usually once a month to make decisions regarding settlement agreements, commission policies, and whether a formal complaint will be dismissed or referred to a Board of Inquiry for a public hearing.
If the matter does proceed to a public hearing, a Board of Inquiry will hear the matter and make a decision. Only a Board of Inquiry can determine whether discrimination has occurred.