Federal

The Canadian Human Rights Act (CHRA) makes it an offence to discriminate against employees of the federal government, First Nations governments, or federally regulated private companies such as banks, trucking companies, or broadcasters and telecommunications companies.

The CHRA gives the Canadian Human Rights Commission (CHRC) the right to conduct research, education and adjudication on any matter relating to human rights. It is a federal human rights monitoring body.

The Canadian Human Rights Tribunal (CHRT) has jurisdiction to decide if you have been discriminated against under the CHRA.

What are the grounds of discrimination (i.e., prohibited distinction)? Race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.

How do I file a complaint? You can file a complaint online, by mail or by phone. You can download the online complaint form from the Commission's website here.

What are the time limits for filing a complaint? In most cases, you must file your complaint within 12 months of the incident. Exceptions may apply:

  1. If you have experienced a prolonged pattern of discrimination, the date of the last incident will be the starting point for basing this timeline.
  2. If extenuating circumstances, such as prolonged illness, prevented you from filing your complaint on time, you may be granted additional time.

What is the process? Once a complaint is filed, the Commission may either dismiss your complaint, encourage voluntary mediation, require conciliation or refer the matter to the Tribunal. The Commission will always encourage mediation and alternative approaches before referring your complaint to the Tribunal.

What can the Canadian Human Rights Tribunal decide? The Tribunal can order: to stop the discriminatory practice; to take steps to prevent future discrimination; to grant the victim the privilege or opportunity that was denied as a result of the discrimination; to compensate for lost wages or moral prejudice.

This content has been updated on 4 March 2023 at 11 h 20 min.