Sexual Harassment is a violation of human rights
Sexual harassment is not okay. It’s a violation of someone's human rights. This means that if you have experienced sexual harassment in the workplace and you are unsatisfied with how your employer handled the situation, you may have the option to file a human rights complaint with the Nova Scotia Human Rights Commission so they can investigate your situation.
We want to support you in making an informed choice about how you proceed so that you know your options. If you decide to file a human rights complaint, the average wait time for a complaint, from start to finish, is 775 days or just over 2 years (read their 2022-2023 annual report for more information about timelines). There may be an option to go through an Early Resolution Process. For more information on the inquiry process and the early resolution process, click here.
We have developed this pathway to help guide you through important questions you must consider when determining whether approaching the Human Rights Commission is an option. We have also included information and resources with each step of the process. We hope you find this tool valuable and feel supported through this process.
Did this event happen within the past 12 months?
If you are filing a complaint with the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission, you must do so within 12 months of the last date of discrimination. This means you must file the complaint within 12 months of the most recent incident related to your complaint.
The Nova Scotia Human Rights Commission can extend this deadline to 24 months by applying to its Director (Director of the Commission). This can occur in exceptional circumstances, such as serious illness or other serious life events that could complicate your ability to file a complaint within a 12-month period.
The Canadian Human Rights Commission can also extend its time frame; however, this only occurs in exceptional circumstances. In your application/complaint, you must demonstrate why you believe the extension should be granted (for example, a prolonged illness that prevented you from filing, with documentation to show that you were ill).
Your Rights at Work
The Legal Information Society of Nova Scotia (LISNS) has created a video series to help Nova Scotians understand their rights when it comes to workplace sexual harassment and sexual violence. These videos explain key legal protections, including human rights laws, workplace responsibilities, and available support services. The series is designed to provide clear, accessible legal information for workers, employers, and community members across the province.
View the whole playlist and individual videos below.
How are Human Rights Protected in Canada
Legal Supports are Available for Sexual Harassment and Sexual Violence Survivors
Workplace Sexual Harassment is a Human Rights Issue
What if I’m a minor (under 19 years old)
Are you, or the survivor of sexual harassment in the workplace, under the age of 19?
Even if you are a minor, sexual harassment is still against the law. It is important that you notify your employer immediately of the sexual harassment. For information on submitting a formal complaint, click here.
Having a trusted support person available to help you develop your complaint will be important. They can help you organize and stay level-headed while navigating the process. For information about Support Persons, click here.
If the harassment turns physical, or if you feel like you are being stalked, this is considered sexual assault and is criminal behaviour. In addition to notifying the employer, you should notify your local police immediately.
If you’re going through a process with the police, you’ll need to involve your guardian. When you report to the police, a Child Protective Services social worker will join to ensure you’re safe and all proper procedures are followed. If you’re worried about involving your guardian, you can ask the police and social worker for help. If bringing in your guardian makes you feel unsafe, let them know.
If you want to file a Human Rights Complaint, your guardian can help or speak for you. Make sure you tell the Commission staff that your guardian will be involved.
Can I still file a human rights complaint as a minor?
Your guardian can assist you if you want to file a human rights complaint. Your guardian can then represent you or assist you in communicating the facts of your complaint to the commission.
You should contact the Nova Scotia Human Rights Commission for more information about this.
