Before filing your complaint, there is a short 5-step questionnaire that will determine if you are eligible to file a human rights complaint with the CHRC. If your complaint is not covered by the CHRC, it will re-direct you to a service that is better suited for your issue.

Before completing the complaint form, it is important to decide how you want to file your complaint. Individuals are encouraged to file their complaint through the online e-service for the most efficient response, but you may also email, fax, or mail your complaint to the CHRC.

Also, if you prefer to speak to someone directly, or require more accommodations you may contact the CHRC and speak to a representative.

• Phone (613-995-1151)
• Toll Free (1-888-214-1090)
• TTY (1-888-643-3304)

FAQs

Which method of filing my complaint is the fastest?

The online e-service is the fastest way to file your complaint.

How do I access the e-service?

Once you have completed the questionnaire and determine the CHRC is right for you, there will be an option to “file a complaint” that will redirect you to the e-service.

Can I file an application anonymously?

No, shortly after you file a human rights complaint the respondent(s) are notified and will have a chance to respond. This cannot be done without revealing the identity of the complainant.

Can I be punished or fired for filing a human rights complaint?

It is illegal for an employer to retaliate against an employee for filing a human rights complaint. However, the CHRC cannot proactively stop an employer from retaliating against an employee. If your employer dismisses you as a result of a human rights complaint, you can file a separate complaint with the CHRC.

If you decide that completing the complaint form is the best option for you, the next step is to fill it out. The complaint form asks for information like;

• your contact information,
• whether you have a lawyer,
• whether you are a member of a union, and
• the details of the incident(s) you are filing the complaint about

It may be difficult, but it is important to provide as many details as you can about the nature of your complaint. Unless you are asked for more details, or the respondent raises new information, this may be the only opportunity you have to address all aspects of your issue. By providing the CHRC with a lot of information, it will ensure the process continues efficiently and establishes a solid foundation for your complaint.

Sometimes complainants avoid including explicit language or details in their complaint, but it is important to remember that the CHRC is trained in responding to these complaints and are prepared to work with difficult issues.

If you need any help completing the form you can contact the CHRC directly at (613-995-1151).

FAQs

Do I have to disclose everything that happened on the complaint form?

It is important to provide as much information as you can on the complaint form.

What should I do if the harassment is still ongoing?

If the incident is ongoing and you are prompted to select a date of when the incident occurred, select the most recent date you have experienced harassment. You will be able to discuss this with an individual at the CHRC later.

Can I make changes to my complaint once it is filed?

Making changes to your complaint form is only permitted if an analyst decides the change is necessary. So  it is best to provide as much information in the first place, so you do not risk being told you can’t add to the complaint later.  

Can I withdraw my complaint after I file it?

You may withdraw your complaint at anytime during the process. To access the withdrawal form, click here. 

Do I need a lawyer to file a complaint?

No, you do not need to hire a lawyer to file a complaint with the CHRC.

Can I have a lawyer represent me during the complaint process?

Yes, you have the right to hire a lawyer to represent you through the CHRC complaint process, but any costs associated with this are your responsibility.

If there a fee to file a complaint?

No, filing a complaint with the CHRC is free of charge.

Will my employer know I filed a complaint?

After you have submitted your complaint, a Commission staff member will contact you to discuss your case in more detail. The CHRC will only contact the organization you are complaining about (the respondent) after this discussion. It is an important aspect of the CHRCs investigative process to contact the respondent, so your employer may know you filed a complaint.

For more information on FAQs, the CHRC has a detailed list of FAQs that arise during the complaint process. Please see this link for more information.

Once you submit your complaint form to the CHRC, they will send confirmation that they received it;

• Email (within 24 hours)
• Mail (within 3 business days of receiving)

The CHRC will review your complaint and ensure that the nature of the complaint is covered by the Canadian Humans Right Act, and that all other criteria are filled out. The CHRC may require more information at this stage and contact you.

Once the CHRC decides that the complaint is allowable, they will contact you. If the CHRC decides that they cannot accept your complaint, they will also inform you and try to recommend other organizations that may be able to help you.

FAQs

How long will it take for me to be notified if the CHRC accepted my complaint?

Once the CHRC has all the information it requires, you will be contacted within 20 days with a decision.

How much control do I have over this process?

You may withdraw your complaint at anytime during the process. To access the withdrawal form, click here. However, you will not have any control over whether or not the CHRC accepts your complaint.

Once the CHRC decides to accept your complaint, they will contact the respondent. While it may be nerve racking to think about the respondent being notified, it is a crucial step of the CHRC’s investigation process. The respondent will be asked to fill out a Response Form, and the CHRC will use this information when deciding how the complaint should proceed.

FAQs

What if new information is addressed in the Response Form?

If new information is presented in the Response Form, you will be given an opportunity to address this information and provide more documents in a Reply Form.

What is the timeline for this process?

The respondent has 30 days to send their Response Form to the CHRC.

Now that the CHRC has received all the necessary documentations from you and the respondent, they will decide if it is appropriate to offer mediation. The mediation process is voluntary, so even if the CHRC finds mediation suitable to your situation, you may still refuse to participate.

If you and/or the respondent say no to mediation, then the complaint will move to the Complaint Assessment stage.

The mediation process is an alternative approach to dispute resolution, which allows both parties to work collaboratively at finding a solution for the issue. If you do wish to participate in mediation, both parties will have a chance to try and resolve the issues outlined in the complaint.

The CHRC is responsible for scheduling and facilitating the mediation, and it is free for both parties. The CHRC does not provide legal representation to the parties. They act as a neutral third party. A lawyer is not required for the process, but you can hire a lawyer to represent you if you wish.

The end goal is for both parties to establish an agreement about what remedies should be offered, and how the relationship should proceed going forward. If the mediation works, both parties will sign a settlement agreement that indicates you have both committed to resolving the dispute.

Do I need to decide right away if I want to attend a mediation?

The CHRC provides 4 months for parties to complete the mediation. So, there is time for you to think about it, and research the process before committing to it.

Why was I not offered mediation?

Because of the sensitive nature of sexual harassment, the CHRC may have decided that mediation was not a good option in this situation. If you feel like mediation would be helpful for you, you can contact the CHRC and express that. 

Do I need a lawyer for mediation?

No, you do not require a lawyer for mediation. The CHRC will act as a neutral third party and facilitate the process.  

What if the respondent has a lawyer?

Even though the other party has a lawyer, this does not mean you need to have a lawyer.

Can I have a lawyer represent me during the complaint process?

Yes, you have the right to hire a lawyer to represent you through the CHRC complaint process, but any costs associated with this are your responsibility.

Will I have to be in the same room as the individual I am filing a complaint about?

No, you will not need to be in the same room as the individual you are filing a complaint about during the CHRC process. If the process is later referred to the Tribunal, you may need to be in a courtroom with the respondent, but it is important to indicate any concerns you may have on your complaint form.

What if mediation does not work?

If mediation does not result in an agreement between the parties, the complaint will then be referred to a Human Rights Officer for an assessment.

What is the timeline for this process?

The duration of mediation can vary depending on the issue. Sometimes, the process can be done very quickly, and parties may reach an agreement fast. Other times, parties may go back and forth for a while, and conclude that mediation is not the solution for their issue.

How much control do I have over this process?

You may withdraw your complaint at anytime during the process. To access the withdrawal form, click here.  During the mediation process, you have full control over whether you continue to participate, and what you are willing to accept as a remedy.

 I was offered a settlement and accepted. What happens next?

Once you have accepted a settlement the CHRC will close your file. Settlement agreements vary, but you can expect the respondent to include the following conditions:

No Further Action: You may not make a claim civilly (lawsuit) or with WorkSafeNB for the incident you complained about. However, if the harassment was criminal in nature, you can still file a criminal report against the respondent. You can also make a claim against the respondent if the discrimination or harassment happens again or continues.

Independent Legal Advice: Respondents will often pay for the complainant to meet with a lawyer that has no affiliation with the respondent. The lawyer will review the settlement with you and answer any questions you may have about the agreement.

Confidentiality: A condition stating that you may not discuss your complaint or the settlement with others.

Once the CHRC has received the respondent’s Response Form, they will send it to you to review.

At this stage, you will have an opportunity to send a Reply Form to the CHRC and respondent. The Reply Form allows you to respond to any new information the respondent gave, as well as add any more documentation to support your complaint.

The form also gives you an opportunity to inform the CHRC which remedies you are seeking. Remedies can be monetary like compensation for lost wages, or non-monetary like an apology letter or sexual harassment training. It is important to note, that remedies are meant to fix the situation that you have complained about, rather than to punish the respondent.

Once this is complete, you must send the form to the CHRC who will send it to the respondent to review.

FAQs

Do I need to send the form to the respondent myself?

No, the CHRC will send the form to the respondent, allowing you to avoid direct communication.

Can I have help filling out this form?

If you need help, or if you need the form in an alternate format – you may call or email the CHRC.

What is the timeline for this process?

You have 30 days to send a Reply Form to the CHRC after receiving the Response Form.

How much control do I have over this?

You may withdraw your complaint at anytime during the process. To access the withdraw form, click here.  You can choose to address what you please in the Reply Form, as well as attach any more documents that you think support your complaint.

If mediation is not appropriate given the circumstances, does not result in an agreement between you and the respondent, or if one of the parties decides they do not want to participate in the process, a Human Rights Officer will be assigned to assess your complaint.

The officer will review the complaint and the evidence provided by both parties. You may be asked to provide more information or documentation to complete their assessment. Once the officer has gathered all the information, they will prepare a Report for Decision. The Report for Decision is an assessment and recommendation based on all the information the officer has gathered about how the complaint should proceed, or which remedies should be included in the resolution.

Once the Human Rights Officer completes the Report for Decision, the CHRC will review the report and consider how it will impact the results of the complaint. Following this review, the Report for Decision will be sent to both parties to allow them the opportunity to comment on the Report.

FAQs

How long does it take to receive the Report for Decision?

The CHRC will contact both parties in writing within 6 months to share the Report for Decision.

How much control do I have over this process?

After the Report of Decision has been shared with both parties, no additional changes or alterations can be made to your submission other than withdrawal from the process.  You have provided all the information the CHRC requires, and they will form a report based on their investigation.  You still have the right to withdraw your complaint and stop the process at any time. To access the withdrawal form, click here. 

Once you have received the Report for Decision, this is your opportunity to add any comments you have about the decision. These comments could be whether you are satisfied with the findings of the Report, or if you think the Report fails to address important aspects about the complaint.

FAQs

What should I consider when I add comments?

When you receive the Report for Decision, attached will be guidelines outlining what you should comment about.

What impact do my comments have?

Your comments will be taken into consideration when a Commissioner from the CHRC makes a final decision.  

After the CHRC has received the comments on the Report from both parties, they will send the comments and the Report for Decision to their employed Commissioner(s).  The Commissioner(s) at the CHRC are individuals who have been appointed by the Governor in Council to make decision about human rights complaints.

The decision made by the Commissioner(s) will be one of the following:

• to dismiss the complaint;
• to send the complaint to an alternative dispute resolution program (called conciliation);  
• to defer (delay) their decision and request more information; or
• to refer the complaint to the Canadian Humans Rights Tribunal for a hearing.

When a Commissioner issues a decision, it is final. There is no appeal process at the CHRC, so, depending on the decision, there may be no further action. For example, if the decision is to dismiss the complaint at this stage, there is no way to request that the file remain open.

FAQs

How long will it take to receive the decision?

The Commissioner(s) will make their decision within 2 weeks, and then will communicate that decision to you within 10 business days.

What if I am not happy with the decision?

If you are not happy with the decision, unfortunately, this is the end of the road for the CHRC. The Commissioner(s) decision is final. If you feel unsatisfied with the remedy towards the respondent, you can still consider starting an action through civil or criminal proceedings, depending on the circumstances of the harassment you experienced.

If the Commissioner(s) do not choose to dismiss the complaint, the following steps explain what may happen next.

If your complaint has been referred to the Canadian Human Rights Tribunal, a Registry Officer will be assigned to the file. The Registry Officer acts as a point of communication between the parties and the Tribunal. You will be given the name, phone number, and email address for the Registry Officer. This is who you should contact if you have any questions or need help. The Officer cannot provide you with legal advice, but they can help you navigate the process.

The purpose of this stage of the process is to put you in contact with an individual who will be your contact through the process.  They will act as an information source that may give you guidance throughout the process.

If appropriate, the Tribunal will offer one final option for mediation before proceeding with a hearing. For detailed information about the Tribunal’s mediation process, please see this link.

If the mediation process is not appropriate in your case, or if parties have elected not to participate in the mediation process, the complaint will proceed to a Pre-Hearing.

For an in-depth overview of how the Tribunal works, consider reading A Guide to Understanding The Canadian Human Rights Tribunal.

FAQs for Chart

How much control do I have over this process?

The Tribunal process can be difficult for targets of sexual harassment. The hearing can look much like a traditional court case, and complainants may be expected to provide more evidence, witnesses, and supporting information. Once the Tribunal is in charge of overseeing the complaint, they have most of the control over how the case proceeds. You may however withdraw your complaint at anytime during the process. To access the withdrawal form, click here. 

Do I need a lawyer for this process?

No. This is not necessary for this process, but it can be complex and overwhelming, so it may be helpful to hire a lawyer.

Before a Canadian Human Rights Tribunal hearing, the parties will be taken through a pre-hearing case management process. The pre-hearing process is meant to help parties prepare for the Tribunal hearing. You and the respondent will be responsible for filing documents with the Tribunal outlining the facts of the case, the legal issues involved, and the remedies (solutions) you want from the complaint. It also involves identifying documents and witnesses that will be used at the Hearing.

During the pre-hearing process you will be contacted by a member of the Tribunal to discuss any outstanding issues with the parties and could be requested to provide more information. The goal of the pre-hearing is to organize all evidence that will be used in the Hearing, so the process runs as smooth as possible.

For a detailed explanation about the documents and steps required in a pre-hearing, please see this link.

Once the Tribunal is satisfied that the pre-hearing process has been complete, the Tribunal will proceed with a Hearing. During the hearing, you and the respondent will both have opportunities to present evidence, witnesses, and arguments to the Tribunal. The goal of the Hearing is to decide whether discrimination has occurred. This is your opportunity to establish why you believe you were discriminated against.

For a detailed explanation of how the hearing process works, please see this link.

Following the Hearing, the Tribunal will write a decision explaining the reasons why or why not the complaint meets the legal definition of discrimination. If it is found that discrimination occurred, the written decision may order a remedy to repair the discrimination.

FAQs

How long does it take to receive a decision?

The Tribunal tries to release a decision within four months of the Hearing, but more complex cases may take longer.

What control do I have over this process?

Once the complaint is referred to The Tribunal, you do not have any say in which remedy you will be awarded. The Tribunal will evaluate the complaint and decide what they think is the best fit for remedy.

Remedies that are offered by the CHRT include, an order for any of the following terms:

• stop the discriminatory practice and take measures to prevent it from occurring in the future;
• supply the complainant the rights, opportunities or privileges that were denied because of the discrimination;
• pay the target for any wages they lost because of the discrimination;
• pay the target for the costs of obtaining alternative goods, services, facilities or accommodation because of the discrimination;
• pay the target up to $20,000 for any pain and suffering that they experienced because of the discrimination;
• pay the target up to $20,000 if the discrimination was wilful or reckless; and,
• award interest on an order to pay financial compensation.

If you have reached this step, a number of things need to have happened. You must have gone through the CHRC process, been referred to the CHRT, gone through their hearing process, and been issued a Tribunal decision you are unhappy with.

If you disagree with the decision given by the Tribunal, you may ask the Federal Court of Canada to review it. This is called a “judicial review” of the Tribunal’s decision. To apply for a review, you must file an Application for Judicial Review within 30 days of the decision being communicated to you.

Judicial reviews can be complex. If you would like to file for one, you should consider speaking to a lawyer first.

If you wish to keep representing yourself, it may be helpful to consult the Representing Yourself information provided by the Federal Court of Canada.