What to do if your rights are violated in Canada?

Human rights violations can happen to anyone at any time, regardless of social status, origin, or position in society. As a democratic country with a developed legal system, Canada provides its residents with reliable mechanisms for protecting their rights, but knowing how to act in case of a violation is critical to effectively protecting your interests.

The rights protection system in Canada is multi-layered and complex, encompassing federal and provincial laws, various specialized agencies, and courts. This complexity ensures broad coverage of different situations but can be daunting for the average person who has experienced a violation of their rights.

Understanding your rights in Canada

Before considering specific actions in the event of a violation of your rights, it is important to understand which rights are protected by Canadian law.

Canadian Charter of Rights and Freedoms

• Guarantees fundamental rights to all persons in Canada since 1982
• Includes fundamental freedoms (speech, assembly, religion)
• Democratic rights, rights of movement, legal rights
• Rights to equality and language rights
• Applies only to government actions, not to private organizations

Canadian Human Rights Act

• Protects against discrimination by the federal government
• Applies to federally regulated organizations
• Prohibits discrimination based on race, origin, color, religion, age, sex, sexual orientation, disability, etc.

Provincial human rights laws

• Apply to provincial areas: restaurants, stores, schools, housing, most workplaces
• Have much in common with federal law
• In many situations, require contacting provincial agencies

Documenting a rights violation

Careful documentation is one of the most important steps when a rights violation occurs.

What to record:

• The exact date, time, and location of the incident
• Names of all persons present, including witnesses
• Detailed description of what happened
• Exact words or actions that you consider discriminatory
• All related documents: emails, messages, photos

Keep a log of events:

• Date and time of each incident
• Description of what happened
• Names of people involved
• Actions you took in response
• Your feelings or physical reactions

Save evidence:

• All correspondence with the organization/employer
• Copies of any complaints you have filed previously
• Records of conversations and meetings
• Photographs, if relevant

Attempts at internal resolution

Before turning to external bodies, the Canadian legal system expects attempts to resolve the issue internally.

In labor disputes:

• Use your employer's internal complaint procedures
• Contact your human resources department or manager
• File a written complaint following the established procedure
• Keep records of all meetings and correspondence

For service issues:

• Talk to your manager
• Contact customer service
• Set a reasonable time limit for resolution

Documentation of internal attempts:

• Dates of meetings or conversations
• Names of people you spoke with
• Content of discussions
• Any written responses
• Results of your efforts

Filing a complaint with a human rights commission

If internal resolution is unsuccessful, the next step is to file a complaint with the appropriate commission.

Choosing a commission:

Canadian Human Rights Commission — for complaints against:

• The federal government
• Banks, airlines, telecommunications companies
• Railway companies, postal services
• Interprovincial transportation companies

Provincial commissions — for complaints against:

• Provincially regulated employers
• Private companies, provincial government agencies
• Health care and education systems
• Local businesses

Complaint process:

1. Fill out the complaint form online, by email, fax, or mail
2. Provide as much detail as possible about the incident
3. Review of the complaint by the commission to see if it meets the criteria
4. Decision to accept the complaint for review

Complaint review process

If the complaint is accepted, the formal review process begins.

Review stages:

• Complaint processing — assessment of preliminary issues
• Collection of responses from the respondent and your counter-response
• Mediation — a voluntary process of settlement
• Investigation — if mediation fails
• Referral to the tribunal — for a final decision

Mediation:

• Voluntary, confidential process
• Aim — to reach a settlement of the complaint
• Opportunity to explain to both sides what happened
• The Commission may make mediation mandatory

Human Rights Tribunal

If mediation does not result in a settlement, the case may be referred to the Tribunal.

Features of the tribunal:

• Separate and independent from the commission
• Only the tribunal can decide whether discrimination has occurred
• Holds hearings similar to court proceedings

Hearing process:

• Exchange of documents between the parties
• Preliminary hearings for procedural issues
• Main hearing with evidence and testimony
• Decision by the tribunal

Possible remedies:

• Monetary compensation for lost income or suffering
• Orders to stop discriminatory practices
• Orders to take measures to prevent future discrimination
• Other appropriate remedies

Constitutional rights and the Charter

If the violation involves government action, protection may be available through the Charter of Rights and Freedoms.

Section 24(1) of the Charter:

• Allows you to go to court to seek redress
• Applies only to government actions
• May include monetary damages, injunctions, declarations

Types of Charter violations:

• Right to life, liberty, and security of the person (section 7)
• Protection from unreasonable search (section 8)
• Protection from arbitrary detention (section 9)
• Rights of equality (section 15)

Features of Charter claims:

• Complex process, requires legal representation
• Filed in the provincial Superior Court
• Can be expensive and lengthy
• Can provide significant compensation

Labor rights and workplace discrimination

Discrimination in the workplace is one of the most common forms of rights violations.

In Alberta:

• Prohibited under the Alberta Human Rights Act
• Complaint must be filed within one year of the incident
• Reviewed by the Alberta Human Rights Commission

Complaint process:

1. Written complaint with detailed description
2. Assessment of jurisdiction by the commission
3. Possible mediation
4. Investigation if mediation is unsuccessful
5. Hearing before the Human Rights Tribunal

Forms of discrimination:

• Overt actions: refusal to hire based on race/gender
• Subtle forms: creation of a hostile environment
• Systemic discrimination: policies that disproportionately affect groups

Housing rights and discrimination in renting

Protection from discrimination in housing is provided by federal and provincial laws.

In Alberta:

• The Human Rights Act protects against discrimination in renting
• Includes real estate advertising and rental terms
• Landlords cannot discriminate on protected grounds

Difference from other disputes:

• Human rights discrimination vs violation of the Residential Tenancies Act
• There is a separate procedure for violations of the Act through the RTDRS
• The RTDRS handles disputes about deposits, repairs, evictions

Complaints about the police and law enforcement agencies

Complaints about the police are handled through specialized procedures.

In Calgary:

• Complaints are handled by the Professional Standards Unit
• Phone: 403-428-5904 (8:00 a.m. to 4:00 p.m., Monday through Friday)
• Investigations are conducted in accordance with the Alberta Police Act

Requirements for filing a complaint:

• The incident happened to you personally
• The behavior was directed at you
• You were present and witnessed the incident
• You are the lawyer/agent of the person who was affected

For complaints about the RCMP:

• Separate procedure through the Civil Review Commission
• Complaints must be filed within one year of the incident

Deadlines for filing complaints

Understanding deadlines is critical to protecting your rights.

Key deadlines:

• Canadian Human Rights Commission: 12 months after the incident
• Alberta: one year for human rights complaints
• Ontario: one year for most complaints
• Complaints against the police: usually one year
• International bodies: specific deadlines under treaties

Remedies and compensation

If a complaint is found to be justified, various remedies are available.

Monetary compensation:

• Lost income due to discrimination
• General damages for pain and suffering
• Special damages for specific expenses
• Punitive damages in particularly serious cases

Non-monetary remedies:

• Orders to cease discriminatory practices
• Orders to take positive measures
• Introduction of discrimination prevention policies
• Apology from the respondent
• Human rights training programs

Protection against retaliation

Canadian laws prohibit retaliation against individuals who file complaints.

Forms of retaliation:

• Dismissal or demotion at work
• Deterioration of working/learning conditions
• Social isolation or harassment
• Denial of services or opportunities

What to do:

• You can file a separate complaint about retaliation
• Commissions take these complaints seriously
• Retaliation is considered a separate violation

Legal representation and resources

Although legal representation is not always necessary, it can be helpful.

Available resources:

• Human Rights Legal Support Centre (Ontario)
• Free legal aid programs offered by provincial bar associations
• Contingent fees — payment only if the case is won
• Human rights organizations offering free services

International complaint mechanisms

Once all domestic remedies have been exhausted, it is possible to turn to international bodies.

UN treaties to which Canada is a party:

• International Covenant on Civil and Political Rights
• Convention against Torture
• Convention on the Elimination of Discrimination against Women
• Convention on the Rights of Persons with Disabilities

Key requirement:

• Exhaustion of all domestic remedies in Canada

Practical tips

Preparing for the process:

• Be prepared for a lengthy process — cases can take months or years
• Get psychological support — the process can be emotionally draining
• Keep detailed records of all actions and correspondence
• Keep all documents organized

Important principles:

• Act quickly — don't miss deadlines
• Be persistent — don't give up at the first sign of trouble
• Seek support — contact organizations and lawyers
• Know your rights — knowledge is the key to success

Conclusion

Protecting your rights in Canada requires knowledge of the system, quick action, and persistence. Despite its complexity, the Canadian legal system offers real opportunities to restore violated rights. The key to success is understanding your options, following procedures and deadlines, and carefully documenting events.

Remember: your rights are valuable and deserve to be protected. No one should have to endure discrimination or other forms of rights violations. Use the mechanisms available to you with confidence and assurance — Canada is committed to ensuring equality and justice for all its residents.