Human Rights and Discrimination Guide for Newcomers in Canada

Human Rights Protections in Canada

Canada is recognized around the world for its commitment to human rights and equality. As a newcomer, it is important to understand that you are protected by a comprehensive framework of human rights laws from the moment you arrive. These laws prohibit discrimination and harassment based on certain personal characteristics, and they apply to everyone in Canada regardless of citizenship or immigration status.

Human rights in Canada are protected at two levels: the federal level and the provincial or territorial level. At the federal level, the Canadian Charter of Rights and Freedoms is part of the Constitution and guarantees fundamental freedoms, democratic rights, mobility rights, legal rights, and equality rights to every person in Canada. At the provincial level, each province has its own human rights code that provides additional protections in areas such as employment, housing, and services.

In British Columbia, the BC Human Rights Code protects individuals from discrimination in employment, tenancy, services, and other areas. The Code is enforced by the BC Human Rights Tribunal, which is an independent body that receives and resolves complaints of discrimination.

Prohibited Grounds of Discrimination

Both federal and provincial human rights laws list specific personal characteristics on which discrimination is prohibited. These are called "prohibited grounds" of discrimination. Under the BC Human Rights Code, the prohibited grounds include race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex (including pregnancy and gender identity), sexual orientation, age, and political belief.

This means that an employer, landlord, service provider, or anyone else covered by the Code cannot treat you differently or unfairly because of any of these characteristics. For example, a landlord cannot refuse to rent to you because of your country of origin, and an employer cannot refuse to hire you because of your religion or accent.

Direct vs. Systemic Discrimination

Discrimination can take many forms. Direct discrimination occurs when someone is treated differently because of a protected characteristic. For example, if a job posting says "Canadian-born applicants only," that is direct discrimination based on place of origin. Systemic discrimination occurs when policies, practices, or procedures that appear neutral on the surface have a disproportionate negative effect on people with certain protected characteristics. For example, a workplace policy requiring all employees to work on Saturdays could disproportionately affect people whose religion requires observance on that day.

Workplace Discrimination and Harassment

Every person in Canada has the right to a workplace free from discrimination and harassment. This applies to all aspects of employment, including job postings, interviews, hiring decisions, working conditions, promotions, and termination. Your employer has a legal duty to accommodate your needs related to any protected ground, up to the point of undue hardship.

Common examples of workplace discrimination that newcomers may experience include being denied employment opportunities because of an accent or foreign credentials, being subjected to racial slurs or jokes, being passed over for promotions in favour of less-qualified candidates, or being assigned undesirable tasks because of national origin. All of these behaviours are prohibited under human rights legislation.

Duty to Accommodate

The duty to accommodate means that employers must make reasonable adjustments to workplace rules, policies, or practices to allow employees to fully participate in the workplace. For example, an employer may need to provide a modified schedule for an employee who observes religious holidays, provide accessible workspaces for employees with disabilities, or adjust dress code policies to accommodate religious head coverings.

If you believe your employer is not meeting their duty to accommodate, you should first raise the issue with your employer or human resources department. If the issue is not resolved, you can file a complaint with the BC Human Rights Tribunal. Our workers' rights guide provides additional information about your rights in the workplace.

Housing Discrimination

Housing discrimination is unfortunately a reality that many newcomers face in Canada. Under the BC Human Rights Code, it is illegal for landlords, property managers, strata councils, or housing providers to discriminate against you based on any prohibited ground. This means you cannot be refused housing, charged higher rent, or treated differently because of your race, religion, family status, place of origin, or any other protected characteristic.

Common examples of housing discrimination include landlords refusing to rent to families with children, requiring additional deposits from people of certain ethnic backgrounds, posting ads that specify preferred tenants by race or national origin, or failing to accommodate disability-related needs in rental units. If you experience any of these situations, you have the right to file a complaint.

What to Do If You Face Housing Discrimination

If you believe you have been discriminated against in housing, document the incident carefully. Take screenshots of discriminatory advertisements, save emails or text messages, and note the details of any conversations. You can then file a complaint with the BC Human Rights Tribunal (see below for the process) or contact a legal clinic for assistance. The Tenant Resource and Advisory Centre (TRAC) can provide advice and support. You may also find helpful information in our housing guide for newcomers.

How to File a Human Rights Complaint in BC

If you believe you have experienced discrimination, you can file a complaint with the BC Human Rights Tribunal. The complaint process is free, and you do not need a lawyer to file, although legal assistance can be helpful. Here are the steps involved:

Step 1: Determine eligibility. Your complaint must relate to discrimination based on one of the prohibited grounds in one of the protected areas (employment, tenancy, services, etc.). The alleged discrimination must have occurred within one year of filing your complaint.

Step 2: Complete the complaint form. You can file your complaint online through the BC Human Rights Tribunal website, or you can download and mail in a paper form. The form asks you to describe what happened, identify the respondent (the person or organization you are complaining about), and explain which prohibited ground applies.

Step 3: The screening process. The Tribunal will review your complaint to determine whether it falls within their jurisdiction. If accepted, the complaint will be sent to the respondent for a response.

Step 4: Mediation. The Tribunal encourages parties to resolve complaints through mediation. A mediator will work with both sides to try to reach a settlement. Many complaints are successfully resolved at this stage.

Step 5: Hearing. If mediation is unsuccessful, the complaint will proceed to a hearing, where a Tribunal member will hear evidence from both sides and make a decision. Remedies can include compensation for lost wages, injury to dignity, and expenses, as well as orders requiring the respondent to change their practices.

Getting Help with Your Complaint

Several organizations can help you file a human rights complaint. The BC Office of the Human Rights Commissioner provides education and resources about human rights in the province. Legal clinics such as the Community Legal Assistance Society (CLAS) and Access Pro Bono may be able to provide free legal representation. Our guide to free legal services has more information about finding legal help.

Federal Human Rights Protections

If the discrimination you experienced involves a federally regulated employer (such as a bank, airline, telecommunications company, or the federal government), you would file your complaint with the Canadian Human Rights Commission rather than the BC Human Rights Tribunal. The process is similar, and the Commission's website provides detailed instructions and forms.

The Canadian Human Rights Act prohibits discrimination on similar grounds as the BC Code, and it applies to all federal government services and federally regulated industries. Understanding whether your situation falls under federal or provincial jurisdiction is important, and a legal clinic or the Tribunal itself can help you determine the correct body to file with.

Key Contacts and Resources

• BC Human Rights Tribunal: 604-775-2000 or 1-888-440-8844 | bchrt.bc.ca
• BC Office of the Human Rights Commissioner: bchumanrights.ca
• Canadian Human Rights Commission: 1-888-214-1090 | chrc-ccdp.gc.ca
• Legal Aid BC: 1-866-577-2525 | legalaid.bc.ca
• Tenant Resource and Advisory Centre (TRAC): 604-255-0546 or 1-800-665-1185
• Community Legal Assistance Society (CLAS): 604-685-3425
• BC 211: Dial 2-1-1 for community and social service referrals

Your Rights Matter

Understanding your human rights is an essential part of settling in Canada. Discrimination is not something you have to accept, and the legal system provides accessible, free mechanisms to hold people and organizations accountable when they violate your rights. Whether you face discrimination in the workplace, in housing, or in accessing services, know that you have options and support available to you.

WelcomeAide is committed to helping newcomers understand and exercise their rights in Canada. Our AI Newcomer Navigator can answer your questions about human rights, connect you with local resources, and provide support in your language. Explore our blog for more newcomer guides, learn about our mission, or see how to get involved in supporting newcomer communities across Canada.