How to File a Human Rights Complaint in Canada: A Newcomer's Guide

Canada has a strong legal framework to protect individuals from discrimination. The Canadian Human Rights Act at the federal level, and provincial and territorial human rights codes, prohibit discrimination in areas such as employment, housing, and services. As a newcomer, you are fully protected by these laws regardless of your immigration status. If you have experienced discrimination based on your race, ethnicity, religion, gender, disability, or other protected ground, you have the right to file a human rights complaint. This guide explains how.

Human rights complaints are different from criminal charges or civil lawsuits. They are handled by specialized commissions and tribunals that focus specifically on discrimination and human rights issues. The process is designed to be accessible — you do not need a lawyer, there are no filing fees, and the commissions can provide assistance with your complaint.

Protected Grounds of Discrimination

Both federal and provincial human rights laws prohibit discrimination based on specific protected grounds. While the exact list varies by jurisdiction, the most common protected grounds across Canada include:

• Race and colour
• National or ethnic origin
• Religion or creed
• Sex (including pregnancy and gender identity)
• Sexual orientation
• Age
• Marital or family status
• Disability (physical or mental)
• Pardoned criminal conviction (federal level)
• Source of income (some provinces)
• Ancestry and place of origin

Federal vs. Provincial: Which System Do You Use?

The key distinction is whether the discrimination occurred in a federally regulated area or a provincially regulated area:

Federal (Canadian Human Rights Commission)

File a complaint with the Canadian Human Rights Commission (CHRC) if the discrimination involves a federally regulated employer, service provider, or entity, including: federal government departments and agencies, banks, airlines, telecommunications companies, Canada Post, First Nations governments, and interprovincial transportation companies.

Provincial/Territorial

File with your provincial or territorial human rights commission or tribunal for all other matters, including: provincial or municipal government services, provincially regulated employers, landlords and housing providers, retail stores and restaurants, schools and universities, and healthcare providers.

How to File a Federal Human Rights Complaint

Step 1: Contact the CHRC

Before filing a formal complaint, contact the Canadian Human Rights Commission to discuss your situation. They can help you determine if your issue falls within their jurisdiction and whether there may be a faster way to resolve it. Call 1-888-214-1090 (toll-free) or TTY 1-888-643-3304.

Step 2: Complete the Complaint Form

You can file your complaint online through the CHRC website, by mail, or by email. The form asks you to describe: who discriminated against you (the respondent), what happened (the specific actions or behaviours), when it happened, which protected ground is involved, and how the discrimination affected you.

Step 3: The Screening Process

The CHRC will review your complaint to determine if it falls within their jurisdiction and whether it discloses a potential violation of the Canadian Human Rights Act. This process can take several months. The CHRC may dismiss the complaint at this stage if it does not meet the requirements, or it may refer the complaint to mediation.

Step 4: Mediation

The CHRC offers mediation as a way to resolve complaints without a formal investigation or hearing. Mediation is voluntary for both parties, confidential, and can result in creative solutions. Many complaints are successfully resolved through mediation.

Step 5: Investigation

If mediation does not resolve the complaint, the CHRC may investigate. The investigator will gather evidence from both parties and prepare a report with recommendations.

Step 6: Referral to the Canadian Human Rights Tribunal

If the CHRC decides the complaint has merit, it may refer the case to the Canadian Human Rights Tribunal for a hearing. The Tribunal is an independent body that hears evidence and makes binding decisions. The Tribunal can order remedies including compensation for lost wages, compensation for pain and suffering (up to $20,000 under the Act, plus additional amounts for willful or reckless discrimination), an order to stop the discriminatory practice, and changes to policies and practices.

Filing Provincial Human Rights Complaints

The process varies by province, but here are the key details for major provinces:

Ontario

In Ontario, complaints (called "applications") go directly to the Human Rights Tribunal of Ontario (HRTO). This is a direct-access system — you file directly with the tribunal rather than going through a commission first. File within 1 year of the last incident of discrimination. Call 1-866-598-0322 or visit tribunalsontario.ca/hrto. The Human Rights Legal Support Centre (1-866-625-5179) provides free legal advice and representation to individuals filing complaints.

British Columbia

File with the BC Human Rights Tribunal within 1 year of the discrimination. Call 1-888-440-8844 or visit bchrt.bc.ca. Free legal assistance is available through the BC Human Rights Clinic at 1-855-685-6222.

Alberta

File with the Alberta Human Rights Commission within 1 year. Call 1-855-474-6872 or visit albertahumanrights.ab.ca.

Quebec

File with the Commission des droits de la personne et des droits de la jeunesse within 2 years. Call 1-800-361-6477.

What Remedies Are Available?

If your human rights complaint is successful, the tribunal or commission can order various remedies:

• Monetary compensation — For lost wages, expenses incurred, and injury to dignity, feelings, and self-respect
• Reinstatement — If you were fired due to discrimination, you may be reinstated to your position
• Accommodation — The respondent may be ordered to provide reasonable accommodation (for disability, religion, etc.)
• Policy changes — The respondent may be ordered to change discriminatory policies and implement training
• Public interest remedies — Orders designed to prevent future discrimination, such as mandatory anti-discrimination training

Common Discrimination Scenarios for Newcomers

• Employment discrimination — Refused a job or fired because of your accent, place of origin, religion (e.g., wearing a hijab or turban), or race
• Housing discrimination — Refused an apartment because of your ethnicity, family status (having children), source of income, or race
• Service discrimination — Refused service or treated differently at a store, restaurant, or public facility because of your race, religion, or disability
• Workplace harassment — Subjected to racial slurs, jokes, or hostile behaviour at work based on a protected ground
• Failure to accommodate — Employer refuses to make reasonable accommodations for your disability or religious practices

Tips for Filing a Strong Complaint

1. Document everything — Write down what happened as soon as possible, including dates, times, locations, what was said, and who was present
2. Save evidence — Keep emails, text messages, job postings, photos, and any other relevant documents
3. Identify witnesses — Note the names and contact information of anyone who witnessed the discrimination
4. File on time — Most jurisdictions have a 1-year deadline. Do not wait until the last minute.
5. Get legal help — Free legal support is available in most provinces specifically for human rights complaints. Use it.
6. Be specific — Clearly identify the protected ground, the specific actions, and how they affected you

For related information, see our guide on tenant rights and landlord harassment, which may intersect with housing discrimination. Our WelcomeAide chat tool can also help you determine the right next steps for your situation.

Discrimination has no place in Canada, and the law is on your side. Filing a human rights complaint is your right, and the process is designed to be accessible to everyone, including newcomers. Do not suffer in silence — the commissions and tribunals are there to help.