Before you begin
Where do I send my complaint?
The first step is to send your discrimination complaint to the Canadian Human Rights Commission (the “Commission”). This is a separate organization from the Canadian Human Rights Tribunal (the “Tribunal”).
The Commission investigates and screens complaints. It decides whether the complaint needs a hearing at the Tribunal. The Tribunal can only review complaints that the Commission refers to it.
The Tribunal is the body that decides whether discrimination took place. If so, the Tribunal can order a “remedy”. This is to help make up for the wrong that was done or prevent it from happening again. The people directly involved in a complaint are called the “parties”. If all the parties agree, the Tribunal can help them resolve the complaint without having to go to a hearing. This is called “mediation”. If the parties do not want mediation, or mediation fails, the Tribunal will hold a hearing.
At the hearing, a member of the Tribunal looks at all the evidence. The Tribunal Member listens to the arguments presented by all the parties. Then the Tribunal Member writes a decision. It includes the Tribunal Member’s reasons for what they have decided.
The Tribunal’s process at a glance
A Diagram of the Tribunal’s process at a glance - Text version
The top of the chart begins with the following: the Canadian Human Rights Commission sends complaint to the Tribunal.
- If all the parties agree to mediation:
- The complaint is settled at mediation, then
- The file is closed, or
- The complaint is not settled at mediation, so the case proceeds to Case management.
- The complaint is settled at mediation, then
- Note: Mediation can still happen at any point in the process, even if it does not work the first time.
- If the parties do not agree to mediation, the case proceeds to:
- Case management, then
- A Tribunal hearing, then
- The Decision, then
- The file is closed, or
- There is a request judicial review.
- Is the Tribunal process confidential?
- The mediation process and documents submitted to help with settlement negotiations are confidential.
- The hearing process and documents submitted throughout the case management process and hearing are all subjects to public access.
How long does the complaint process take at the Tribunal?
The Tribunal aims to resolve complaints as fairly, quickly and informally as possible. But every complaint is different.
Some complaints proceed more quickly because they involve just a few issues and people. Others raise very complex issues and involve many people, lots of evidence and many arguments. Some complaints may allege that a whole system is discriminatory. Such cases could take years.
Other factors affect how long the process can take. Sometimes the parties need more time to prepare and ask for deadline extensions. When the Tribunal receives a high volume of complaints from the Commission, the Tribunal’s workload is also a factor.
Making this process faster is one of the Tribunal’s key goals. The Tribunal offers mediation in all cases and at all stages of the process. Mediation can help settle and close the case within a matter of months.
The Tribunal will always keep you updated on the complaint and what you need to do next. All the parties to a complaint can help speed things up, by:
- being prepared
- gathering documents and evidence
- being open to mediation
- being reasonable throughout the process
Who will be involved in the Tribunal’s process?
The parties to the complaint
Complainant: the person or group of people who made the complaint of discrimination. They can represent themselves and prepare their own case. Or someone else, such as a lawyer, may advise and represent them.
Respondent: the person or group of people who are accused of discrimination. They must respond to the complaint. They may have a lawyer or other representative.
Canadian Human Rights Commission: the organisation that referred the complaint to the Tribunal. The Commission is a “party” in all human rights cases before the Tribunal. It represents the public interest. In some cases, the Commission makes arguments, presents evidence and appears at every step. In others, it may not participate at all or only participate in a limited way. If you have questions about the Commission’s role at your hearing, ask the Commission or the Tribunal Member assigned to hear your case.
Tribunal officials
Tribunal Member: the person appointed by the Tribunal to hear the complaint of discrimination. The Tribunal Member is neutral and impartial. After reviewing all the evidence and arguments, the Tribunal Member makes a decision.
Tribunal mediator: a person with training and experience in human rights mediation. The Tribunal mediator works with all the parties to help them reach their own resolution.
Registry officer: the person who is the point of contact between the parties and the Tribunal Member hearing the complaint. The registry officer receives and handles all documents related to your case. They schedule calls, mediation sessions and hearing dates. You can contact the registry officer assigned to your case whenever you have questions.
Interested parties
An interested party is not actually a party to the complaint, but they are affected by the issues the complaint raises. They could be a person or group. They might be allowed to take part in the hearing if they have a perspective that could be of help to the Tribunal. Learn more about Requesting to participate as an interested person.
Do I need a lawyer?
It is up to you to decide if you need a lawyer to represent you. Many parties represent themselves. Sometimes people ask a friend or volunteer to help them.
If you choose to hire a lawyer, you are responsible for all fees that they charge you.
If you win your case, the Tribunal does not have the power to order the opposing party to pay your legal costs.
Cases at the Tribunal are public
This means that anyone can request to see documents that are part of the Tribunal’s official record. The official record usually includes:
- the complaint form with names of the parties and allegations
- any submissions made by the parties
- a recording of the hearing
- any Tribunal ruling or decision
Since the official record may contain sensitive information, the law provides some protection for confidentiality. The Tribunal can only approve a confidentiality request if it is convinced, after considering certain factors, that one or more of these factors justify limiting public access.
Requests for confidentiality orders should be made as early as possible.
Learn more about access and confidentiality in our policy on access to official records.
Accommodations
The Tribunal can make accommodations to help ensure everyone has access to the process.
Here are some examples:
- If you do not have access to a computer or cannot use one, the Tribunal offers service by mail.
- If you need the Tribunal’s forms and documents in a different format, such as large print, the Tribunal can provide this.
- If you need a language interpreter (including sign language interpretation), the Tribunal can provide one.
- The Tribunal can be flexible with scheduling if you need to perform personal, child or elder care.
Please let the Tribunal know about the accommodations you need as soon as you can. You can do this:
- by email: registry.office@chrt-tcdp.gc.ca
- by fax: 613-995-3484
by mail to:
Registry Office
Canadian Human Rights Tribunal
240 Sparks Street, 6th Floor West
Ottawa ON K1A 1J4
Can I withdraw my complaint?
You can withdraw your complaint at any time. Write a letter to the Tribunal or complete a Request to Withdraw form.
Learn more about requests to withdraw a complaint.
Watch the following video to learn more about the Canadian Human Rights Tribunal’s complaint process.
Be advised that certain information referenced in the following video is outdated. Please follow our Guide for accurate information regarding the Tribunal’s process.
Video 1 - Preliminary Process
Video 1 - Preliminary Process - Transcript
Hi, I'm Lisa.
A year ago, I filed a complaint of discrimination with the Canadian Human Rights Commission.
When I found out the Commission sent my complaint to the Canadian Human Rights Tribunal, I was nervous.
I didn't have a lawyer, or anyone who could help me figure out what was going to happen next.
Hi, I'm Philip and I'm a Registry Officer with the Canadian Human Rights Tribunal.
The Tribunal is similar to a court of law, but less formal, and it only hears complaints about discrimination.
When a complaint is referred to us from the Canadian Human Rights Commission, a Registry Officer, like me, is assigned to the file.
We become the point of contact between parties to the complaint, and the Tribunal.
This means parties should only communicate with their assigned Registry Officer.
We can't give legal advice, but you can get in touch with your Registry Officer if you have any questions about mediation, case management, or hearings.
What's the difference between the Commission and the Tribunal?
We get asked that a lot.
Let's take a look at what those differences are.
The Tribunal and the Commission are separate and independent institutions.
The Commission receives the complaint of discrimination.
Following an investigation, the Commission may refer the complaint to the Tribunal for inquiry.
The Tribunal finalizes the complaint either through a successful mediation or a full hearing.
During a hearing, the Tribunal examines evidence and listens to witnesses.
If the Tribunal finds that there was discrimination, it decides on an appropriate remedy.
It's important to understand that just because the Commission sent a complaint to the Tribunal, this doesn't mean the Commission believes discrimination took place.
It's up to a Tribunal Member to decide that.
Tribunal Members are legally trained, impartial decision makers with expertise in human rights.
First, I received a letter from the Tribunal telling me the Commission had referred my complaint to the Tribunal.
I wasn't familiar with some of the words in the letter.
It's really helpful to know what they mean.
The complainant is the person or group who filed the complaint of discrimination.
That's me.
The respondent is the person or group against whom the complaint of discrimination was made.
And the parties are the main participants in the complaint.
These include the complainant, the respondent, and the Canadian Human Rights Commission.
The letter asked if I was interested in a confidential, one-day mediation to try to resolve the complaint, instead of going straight to a public hearing.
It mentioned that a Tribunal Member would be assigned to be the Mediator.
That gave me confidence, so I decided to try mediation and the other parties agreed.
Mediation is completely voluntary.
And just like in Lisa's case, all parties must agree to mediation for it to happen.
If one of the parties decides not to go with mediation, the complaint proceeds to case management, and then on to a public hearing.
To find out more, please visit the CHRT website, and be sure to watch our other videos on mediation, case management and hearings.