FAQ Human Rights

• The Canadian Human Rights Act (Federal): Applies to federally regulated industries, including banks, airlines, telecommunications companies, and federal government departments.
• Provincial Human Rights Codes (e.g., Ontario, BC, Alberta): Apply to the vast majority of workplaces and services, such as retail stores, schools, restaurants, and most private businesses within that province.

Usually, no. The Charter only applies to government actions (like police conduct or legislation). If you are facing discrimination from a private business or employer, your rights are protected by the Human Rights Act or your Provincial Human Rights Code, not the Charter.

Employers and service providers in Canada have a legal obligation to adjust their rules, policies, or physical spaces to meet the needs of individuals based on protected grounds (most commonly disability or religion). This remains an obligation up to the point of undue hardship, which is a high legal threshold involving significant financial costs or safety risks.

Workplace bullying or “personal harassment” is serious, but it only becomes a human rights issue if the bullying is based on a protected ground (e.g., you are being targeted because of your gender or ethnic origin). If the bullying is not linked to a protected characteristic, it may fall under Occupational Health and Safety laws or employment law rather than human rights law.

Time is of the essence. In most Canadian jurisdictions, you generally have one year (12 months) from the date of the last incident to file a complaint with the relevant Commission or Tribunal. While extensions are sometimes granted in exceptional circumstances, it is best to seek legal advice as soon as possible.

The goal of human rights law is “remedial,” not “punitive.” This means the court seeks to put you back in the position you would have been in if the discrimination hadn’t happened. This can include:

• Monetary awards for injury to dignity, feelings, and self-respect.
• Compensation for lost wages or expenses.
• Non-monetary orders, such as reinstatement to a job or requiring the employer to undergo human rights training.

While you can file a complaint on your own, the process involves strict procedural rules, complex evidence requirements, and strategic decisions regarding settlements. A lawyer ensures your “Statement of Particulars” is legally sound, represents you during mandatory mediations, and ensures you do not settle for less than what the law allows.