Complaint Process

The complaint process generally begins by completing and filing an online intake questionnaire. The intake form gathers...

• contact information for you, your workplace and the individual complained about
• details about your job
• information about whether you have already taken other action in relation to the complaint, and if so, your reasons for also bringing a human rights complaint
• the type of discrimination you are complaining about (the form includes a drop down list of prohibited grounds - sexual harassment is listed separately)
• details about your complaint, including possible witnesses and what they might say
• information about your thoughts on the best way to resolve your matter
• additional documents that could support your complaint

In some cases, the intake consultant may see an opportunity to resolve the issue quickly through facilitating communication between the parties. The intake consultant’s role throughout this process is to remain neutral and unbiased. The process can also serve to help educate employers and workers about human rights violations and their consequences.

An intake consultant will review the information provided to determine whether your complaint falls under The Saskatchewan Human Rights Code and whether there is reason to believe that discrimination has occurred. If those two factors are satisfied, you will be asked to sign a formal complaint. After the complaint is signed, it is served on the other party and then they can respond.

If both parties agree, complaints may be resolved through mediation. Mediation can take place at any point from intake to investigation. Mediation may lead to a faster, more cooperative resolution.

Through mediation the parties can agree on a resolution. It is important to remember that at this stage both parties must agree to the resolution. The Commission cannot order someone to do something to resolve the situation.

If your matter is not resolved, the Human Rights Commission can investigate your complaint. Discussions that took place during mediation are not shared with investigators. An impartial investigator talks to the parties and witnesses to try to determine what happened. They also examine any supporting documentation.

The investigator's findings are submitted to the Chief Commissioner. The Chief Commissioner decides whether your case should be…

• dismissed
• sent to a hearing
• investigated further
• dealt with in another way

If your complaint is referred to the Court of King’s Bench, a lawyer from the Commission will present your case for you. There is no charge to you for these services. The other party may choose to hire a lawyer to represent them or they may represent themselves. There are a number of remedies the court can order if they find there has been discrimination.