Some frequently asked questions

(A more extensive list of frequently asked questions can be found at:
www.chrc-ccdp.gc.ca/eng/content/complaint-faq

How can I file a complaint?

You can file a complaint with the Canadian Human Rights Commission by:

• using the online complaint form
• emailing the online .pdf form
• faxing the completed form to us at: 613-996-9661
• calling us toll free 1-888-214-1090 (TTY 1-888-643-3304)

• completing the form and sending it through regular mail to the following address:

  Canadian Human Rights Commission
  344 Slater Street, 8th Floor
  Ottawa, Ontario K1A 1E1

Please contact us as soon as possible with clear, detailed and specific information about the situation. You will need to provide us with the following:

• your first name and last name
• your telephone number
• your mailing address and email if you have one
• a summary of the incident or situation, including the date, time and location, the ground(s) of discrimination, the negative effect on you, as well as the person or organization you are complaining about.

What We Need to Know

• The specific ground(s) of discrimination (race, sex, disability, religion, etc.)
• A detailed description of what happened (how were you discriminated against)
• The negative effect this act or treatment has had on you.

What You Need to Know

• You should file a complaint within 12 months of the act or treatment that you are complaining about. The Commission does make exceptions.
• You can file a complaint on behalf of others as long as you have their consent.
• You don’t need to pay a fee to file a complaint.
• You don't need to hire a lawyer or get other legal assistance. However, if you decide to hire legal help, you are responsible for paying the associated costs.
• You can call the Commission and ask for help.
• The Commission is impartial and it does not take your side or the respondent's.

Who can file a complaint?

Anyone that is legally present in Canada can file a complaint, such as a Canadian citizen, a permanent resident or someone on a visa. If you are not currently in Canada, you can still file your complaint as long as you are legally entitled to return to Canada.

If you are not present in Canada, some exceptions may apply: we may accept complaints from Canadian citizens who are not in the country, but are filing a complaint about something that happened to them when they were in Canada.

You can also get help from someone close to you, such as a friend or family member. You can also be represented by a lawyer, but you do not need a lawyer to file a complaint.

Can I file a complaint if I am outside the country?

Yes, you must meet the criteria (Canadian citizen, permanent resident, lawfully present or are legally allowed to return to Canada).

Can I file a complaint for another person?

Yes, you can file a complaint on behalf of another person with their written consent or power of attorney. This means that you will be asked to provide the victim’s written agreement, or the power of attorney document, in order for the complaint to be accepted. In the event that the person cannot provide their written consent, you may speak with someone at the Commission to discuss the situation.

Whom can I file a complaint against?

The Canadian Human Rights Act applies to federally regulated institutions such as federal departments, Crown corporations and agencies, First Nations governments, and private companies that are regulated by the federal government such as banks, airlines, trucking companies, broadcasters and telecommunications companies. If you are not sure if the organization you want to complaint about is under federal jurisdiction, contact the Canadian Commission on Human Rights.

In what kinds of situations can I file a complaint?

Not every unfair situation can be considered discrimination under the law. Here are some examples of discriminatory acts that could be accepted as a discrimination complaint, once they are linked to one or more of the grounds of discrimination:

• If you go to a federally regulated organization and you are denied goods, services, facilities or accommodation.
• If you are provided with goods, services, facilities or accommodation in a way that treats you differently and adversely.
• If you are refused employment or you are fired from your job, or are being treated unfairly in the workplace.
• If the company or organization is following policies or practices that deprive people of employment opportunities.
• If you are a woman and are being paid differently when you are doing work of the same value.
• If you have been the victim of retaliation because you have filed a complaint with the Commission or because you have helped someone else file a complaint.

What are the grounds for filing a complaint?

In order for the Commission to move forward with your complaint, it must be based on one of the grounds of discrimination included in the Canadian Human Rights Act. The grounds are the reasons why you think you’re being discriminated against or that people are treating you differently. They are personal characteristics about you. The grounds are:

• your race
• your national or ethnic origin
• your colour
• your religion
• your age
• your sex
• your sexual orientation
• your gender identity or expression
• your marital status
• your family status
• your genetic characteristics
• your disability; or
• a conviction for which a pardon has been granted or a record suspended

How long do I have to submit a complaint?

In most cases, you should file your complaint within 12 months of the incident. If you have experienced a prolonged situation of discrimination, the date of the latest incident will be used to base this timeline. In some cases, there may be exceptions: Some cases are accepted after the 12 month delay, in extenuating circumstances such as prolonged illness for example.

How long will the entire process take?

The length of the complaint process varies with every case. Some cases are resolved fairly quickly with mediation; others may take longer depending on the response time by the parties involved.

Will I have to face the person I am complaining about?

You do not have to be in the same room as the respondent (the person you’re complaining about.) But it is important that you mention any concerns that you may have about this to your Commission representative.