Canadian Human Rights Commission

The Canadian Human Rights Commission (CHRC) can investigate harassment complaints involving incidents that have taken place within the last twelve months. In some cases, for example if you have been ill for a long period, complaints can be dealt with even if it has been more than 12 months. The incident must have occurred in a federally regulated workplace. Examples of federally regulated workplaces include banks, railways, airlines and radio broadcasters.

The complaint process begins by telling the CHRC what happened, how it was discriminatory, and where it happened. There is an online form, a printed form that can be mailed in, and a toll-free number (1‑888‑214‑1090).

The complaint form is used to gather basic information about the person making the complaint as well as information about what happened. The CHRC will review the complaint. They may contact the person who filed the complaint for more information. Once they have all the information they need, they will let the person know within 2 weeks if they can accept their complaint. If they cannot deal with the complaint, they will provide information about other organizations that may be able to help.

When a complaint is first made to the CHRC, the parties have an opportunity to resolve the matter through mediation. Both parties must agree to mediation. If they do, the CHRC will provide the mediation service for free. The process usually takes around 4 months to complete.

If mediation does not work, the complaint will be assessed. A human rights officer considers whether there is evidence to support the complaint. The human rights officer may look for more information about the complaint. Once the assessment is complete, the human rights officer will prepare an assessment report that contains recommendations on how the complaint should be dealt with. After the complaint has been assessed, the CHRC can:

• dismiss the complaint
• require the parties to try to come to an agreement whether they have previously used mediation or not
• refer the complaint to the Canadian Human Rights Tribunal

When the parties agree to resolve the situation, an employer who has allowed discrimination could agree to:

• provide or have the harasser provide a letter of apology
• provide education about human rights laws and workplace sexual harassment to your workplace
• reinstate you if you have been let go
• compensate you for wages you lost because you were wrongfully let go
• make a payment to you for damage to your dignity, feelings or self-respect as a result of the discrimination
• provide you with a letter of reference if you are seeking employment elsewhere

The CHRC can refer a case the Canadian Human Rights Tribunal for a hearing to determine if there has been discrimination, and if there has been, what the remedy should be.

The Tribunal is similar to a court but less formal. It only hears complaints about discrimination sent to them by the CHRC. Tribunal members are legally trained, impartial decision makers with expertise in human rights.

One to three members are assigned to the case. A Registry Officer is also assigned to the case. This is the person you contact with any questions about the process. The CHRC can choose to participate in a hearing.

The parties can try mediation to settle the issue. They can do this before the Tribunal starts to hear the case or anytime during the case.

If the parties choose mediation, a Tribunal member is appointed to assist them. Unless the parties agree otherwise, this will be a different member than the member or members who will hear the case if it moves forward. The Tribunal member is there to help the parties reach an agreement. They cannot make any decisions about the case.

Before mediation starts, each party must submit a mediation brief. Each party's brief outlines their case. The party that made the complaint also includes information about what remedies they are asking for. The other party can then comment on these in their brief.

Generally, both parties and the mediator will meet together. Other people such as lawyers for the parties may attend as well. Sometimes, the mediator will meet with parties separately in addition to having joint meetings. There may be several meetings to discuss possible solutions the parties can agree on. The mediator may give their opinion about the strengths and weaknesses of each party’s case.

If the parties come to an agreement resolving the complaint, it must be put in writing and signed by the parties or their lawyers. If a party does not have a lawyer, they will have 7 days to think over the agreement or get legal advice on it. The CHRC must also approve the agreement.

If the parties do not come to an agreement, the case will continue to a hearing. Even when the parties do not reach an agreement, they can decide to agree on some facts or resolve some of their issues through mediation. This can simplify the hearing process.

The purpose of case management is to help the parties organize their evidence and to shorten the length of the hearing. Case management is done by conference call. The parties need to prepare for the call by completing certain documents, filing them with the Tribunal and serving them on the other party.

Both parties need to prepare a Statement of Particulars. The party that made the complaint outlines the facts that led to the complaint. They explain why the treatment was discrimination on a prohibited ground and how the treatment has affected them. This could include things like loss of dignity, emotional or physical issues and lost wages. The party also outlines what orders they think the Tribunal should make.

The other party’s Statement of Particulars outlines what facts, if any, that they agree or disagree with and why. They can also include any additional relevant facts. They can make the case for why what they did was not discrimination on a prohibited ground. They can also suggest different remedies than those set out by the other party if the Tribunal does find that there was discrimination.

Both parties must also submit a list of any documents they will use to support their case. Both parties submit a list of any witnesses they plan on calling and include a summary of what the witness will testify about. Both lists and any documents listed need to be served on the other party.

Once the party making the complaint receives the other party’s Statement of Particulars, they can file and serve a Reply. They can only file a Reply if the other party raised issues or stated facts that they disagree with and had not addressed in their own Statement of Particulars.

At the hearing both parties have a chance to make their case. The parties present their evidence, witnesses and arguments. At the start of the case, the Tribunal asks the parties to introduce themselves. After this, the parties are given the opportunity to make opening statements. During the opening statements, the parties summarize their case.

After this, the parties present their case through calling witnesses and submitting documents. The person making the complaint goes first followed by the other party. Each party calls witnesses to testify about what they saw or heard that will support their case. They can also call witnesses to introduce documents that they want the Tribunal to consider.

When all of the evidence has been presented, each party is given an opportunity to present a final argument. This is a chance for each party to explain what facts they believe have been proven by the evidence, and why. This is also a chance for each party to explain why the facts show that there was or was not discrimination within the meaning of the Canadian Human Rights Act. New evidence cannot be introduced during final arguments.

After the hearing the Tribunal will make a decision. The decision will explain why the Tribunal decided there had been or had not been discrimination. It will also include any remedies the Tribunal orders.

The Tribunal tries to release a decision within 4 months of the hearing. More complex cases may take longer. They are allowed a maximum of 6 months unless the Tribunal notifies the parties that they are extending the time limit.

If the Tribunal finds that there has been discrimination, they can order the other party to:

• stop the discrimination and take action to prevent this type of discrimination in the future
• make available to the victim, on the first reasonable occasion, the rights, opportunities or privileges that were denied because of discrimination
• compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of discrimination
• compensate the victim in an amount up to $20,000 for any pain and suffering that the victim experienced as a result of the discrimination
• pay up to $20,000 as compensation to the victim if they find that the person discriminated wilfully or recklessly