How to file a federal Human Rights Complaint

Determining jurisdiction when dealing with discrimination and other legal matters is important. This means that we determine what level of government or courts is responsible for receiving your complaints. 

Specific industries and workforces fall under the Government of Canada’s responsibility, as listed above. The remaining industries (excluding the military) tend to fall under the responsibility of the Government of Nova Scotia. 

Identifying this will help you to decide what Human Rights Commission to contact first. 

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

When you submit a formal complaint to your employer, they are legally required to take action. This is why submitting a formal complaint in writing is so important. 

If you can, try to go through the internal process and resolve the issue before involving the Human Rights Commission. Employers often prefer to settle matters quickly and quietly without going to court. Trying to resolve things independently shows you’ve made a good-faith effort before escalating the issue.  You may not be able to go through the complaint process, and that is ok. The Human Rights Commission understands that in circumstances where supervisors may be the harasser, there is no safe way to address the harassment in the workplace. Speak with the commission worker to discuss your circumstances. 

Organizing your thoughts and evidence can also help you explain the situation clearly and effectively. Here are some tips on how to do this:

Define what happened (The Situation) - Note the series of events related to the sexual harassment. Write down exactly what occurred, who was involved or witnessed it, and how it affected you. For more information on how to document discrimination or harassment, click here.

Collect documents, evidence, emails, screenshots, etc. - Documents, emails, and screenshots can be important evidence for you. Save these documents in a safe place and back them up securely. Give the files clear names so you can quickly identify them and understand how they relate to your case. Feel free to use this template if you need help keeping track of your documents. 

Make a timeline - A timeline is a list of events in the order they happened. Write down the date and time of each event. Include any emails or documents and note where you saved them. Record everything in chronological order, adding any new events as they happen. For more information on timeline organizations, including a template that you may find helpful, click here.

Identify the Specific Human Rights Violation - Look at your timeline and documents. Note any protected characteristics and areas. Remember: a protected characteristic is something you cannot change about yourself. That includes your gender, how you express it, and your sexual orientation. Sexual harassment is considered discrimination based on gender. 

Identify where the violation took place - You will need to identify where the harassment took place or, in the case of workplace harassment, why you know the other party. For example, the harassing statements could have happened through a work email that you access at work or in a conversation outside of the workplace with someone who is strictly a colleague. These locations are considered ‘protected areas.’  

For more information on protected characteristics and protected areas, click here. 

To file a human rights complaint, you must establish a reasonable connection between the negative treatment you have experienced and your protected characteristics. This is what’s known as a prima facie case. 

Prima facie is a Latin phrase meaning “on its face” or “at first appearance.” To have a prima facie case, you must be able to present some evidence or indication that discrimination likely happened. 

This does not mean that you need to have solid documentary evidence right away or witness statements that can confirm or corroborate your story. Your story itself is what is important, and in particular, whether there is a link between the harm you’ve experienced and your protected characteristic. 

At the intake stage, what is most important is sharing the details of your experience and why you feel it was discrimination. Concrete information and evidence that can confirm your complaint become more relevant later in the human rights complaint process at the investigation stage. 

The Canadian Human Rights Commission checks and reviews complaints to see if they are valid under federal rules. If the complaint isn’t valid, they offer resources and guidance on who can handle it instead.

A note on the length of the process: The Canadian Human Rights Commission gets many inquiries each week. Their staff and Human Rights Officers carefully review each inquiry and complaint, looking at every detail. Because of the work involved, the process can feel very slow. It’s important to understand this and stay respectful during the process. You can ask the Human Rights Officers for concerns or questions about the timeline. The Canadian Human Rights Commission estimates how long each step may take, but these can change before updating the website.

File a complaint

Anyone in Canada can file a complaint under the Canadian Human Rights Act if they think they have faced discrimination in a federally regulated area. This includes newcomers, migrant workers, and international students. If the offence occurs within Canada, a person can file a complaint. 

The Canadian Human Rights Commission has a complaint form that you can email, fax, or mail to them. They do not offer walk-in service.

Click here to access the form and more information on filing a complaint. If you are filling out the form for sexual harassment at work, remember that sexual harassment is a type of sex discrimination.

Once they get your complaint form, they will check if it meets their rules to be accepted as a human rights complaint. They might ask you for more information.

Not all complaints are accepted. They will look at things like how often and how serious the discrimination is. They will let you know if your complaint is accepted or not. If it isn’t accepted, they will explain why and answer any questions you have. They might also give you information about other options.

If your complaint is accepted, they will tell you what to do next. They will also inform the people or organizations you’re complaining about, who are called the Respondents. You will now be called the Complainant.

Processing the Complaint

The Canadian Human Rights Commission may handle your complaint in two ways: by looking at the initial issues (preliminary issues) or by collecting responses and replies.

Assess and address the initial (preliminary) issues - The Commission staff will look at the details of your case. They will see if there are any problems that need to be sorted out before moving ahead. After their review, one of two things can happen:

a) The Commission might decide not to take your complaint if they think another process is better. If so, your case will be closed.

b) The Commission might decide to go forward with your complaint and will let you know what steps to take next.

Gather Response and Reply forms - The Commission will contact the person you’re complaining about (the Respondent) and ask them to fill out a Response form. They have 60 days to send the completed form to you and the Commission.

Once the Commission gets the Response form, they will ask you to fill out a Reply form. In this Reply, you can answer and talk about what the Respondent said. You also have 60 days to send your Reply form to both the Respondent and the Commission.

At this point, mediation or conciliation might be suggested. The case could also be sent directly to the Canadian Human Rights Tribunal.

Mediation and Conciliation

Mediation and Conciliation might be suggested to solve the problem.

Mediation is a voluntary and private process where both sides try to settle the issue together. It aims to solve the problem in a friendly way.

Conciliation is similar to mediation but is required. When the Commission sends a case to Conciliation, both sides must join in. The Commission can choose to send the case to Conciliation at any time.

Both Mediation and Conciliation are free of charge and usually done through video calls or phone calls, not in person.

If an agreement is reached, both you and the accused must sign it. The Commission will then check and approve the agreement.

If no agreement is reached, the Commission will decide what to do next and let you know.

Review and investigation by a Human Rights Officer

At this stage, the Commission might start a review and investigation. A Human Rights Officer will be assigned to your case.

The Officer will look at all the information in your file, including your complaint, the Respondent’s Response form, and your Reply form.

The Officer might ask for more information and talk to any witnesses. This helps them understand everything better.

After gathering all the information, the Officer will write a Report for Decision.

A Report for Decision is not the final decision. It is a summary of what the Human Rights Officer found and their suggestions for what should happen next. Both you and the accused can share your thoughts about the Report before it goes to the Commission.

The Commission will look at the Report and any comments from both sides. Then, they will make a final decision about the complaint. You and the accused will both get a copy of this decision.

The Decision

The Decision does not say if discrimination occurred. It checks whether the complaint should be sent to the Canadian Human Rights Tribunal for a closer look. The Tribunal will then decide if discrimination occurred.

The Commission can:

• Ask for more information
• Close the complaint
• Decide not to handle it right now
• Send it to conciliation
• Refer it to the Tribunal
• Approve a settlement
• Dismiss the complaint

The Commission’s decisions are final.