Can I file a human rights complaint?

Any person may file a complaint that alleges that another has contravened The Human Rights Code of Manitoba.

 

What is a contravention of The Code?

The Human Rights Code prohibits unreasonable discrimination in a number of activities, the primary activities being employment, provision of public services and rental of premises.

Discrimination under The Code means treating someone differently, without reasonable cause, on the basis of a protected characteristic. Protected characteristics are ancestry (including colour or race); nationality or national origin; ethnic background or origin; religion or religious belief, association or activity; age; sex (including pregnancy); gender-determined characteristics; sexual orientation; marital or family status, source of income; political belief, association or activity; and physical or mental disability.

Prohibited discrimination includes sexual harassment and harassment on the basis of a protected characteristic, such as ancestry.  It also includes failure to reasonably accommodate the special needs of a person or group that are based on a protected characteristic, such as disability.  Retaliating against someone that has filed a complaint is also contrary to The Code.

 

 

How do I file a complaint?

If you believe that you have been discriminated against, please contact The Manitoba Human Rights Commission and speak to an Intake Officer.  (Our contact information is at the bottom of this brochure.)  Our services are free-of-charge, available in French or English, and accessible to persons with disabilities.

 The Intake Officer will talk with you about your concern and give you information that will help you decide what to do.  We can only accept complaints that are within our jurisdiction under The Code.  However, if something is not our responsibility, we may be able to offer suggestions as to how you might proceed with your concern.  Complaints must generally be filed within 6 months of the incident(s) that you are concerned about.   A complainant may stop the complaint process at any stage.  It is possible for one person to file a complaint on behalf of another.   Before we proceed with such complaints, we usually require the permission of the person on whose behalf the complaint is filed.

 

What information do I need to provide?

 The Intake Officer will need information to correctly identify the person or organisation (“the respondent”) that you (“the complainant”) are complaining about.  The Officer will also need information about your allegations of discrimination, such as what took place and what you believe to be the basis for any discriminatory treatment.  The Intake Officer may ask about possible witnesses and other information relevant to your complaint, such as medical, tenancy or employment records like cheque stubs or Records of Employment.  Depending on your complaint, you may be asked to sign medical or other releases in order that information necessary to the investigation of your complaint can be obtained.  The Officer will record the information that you provide.

 

Can I get help without filing a formal complaint?

 Our Intake Officer may be able to help resolve your concern through pre-complaint conciliation.  The Officer, with your agreement, will telephone the person or organisation that you believe has discriminated against you.  The Officer will explore the possibility of reaching a resolution on an informal basis, without a written complaint. 

 Pre-complaint conciliation is voluntary, and requires both your participation and that of the potential respondent. Pre-complaint conciliation discussions are not disclosed if the matter proceeds to a formal complaint.

 Many potential complainants find a satisfactory resolution or explanation through pre-complaint conciliation.  Any agreement that you reach with the potential respondent is set out in a letter to both of you, to avoid misunderstandings.  Usually our file about your contact with us will not be closed until after the terms of the agreement have been fulfilled.  If the potential respondent fails to complete the agreement, you may contact us, and we will reconsider the matter.

 

If pre-complaint conciliation is not attempted, what next?

 If you decide to file a formal complaint, the Intake Officer will draft a complaint for your review and signature.  (You may also submit a written complaint on your own in the prescribed form, or through, for example, a lawyer.)  Once your complaint is registered, a copy will be sent to the respondent and you will receive written confirmation that your complaint has been filed. 

 

What are my obligations once my complaint is registered?

 It is extremely important that you keep the Commission apprised at all times of any change in your address or phone number so that you can be reached, when needed.  As this is your complaint, it is critical that you assist the Commission at every stage of the process after a complaint is filed.  If you fail to keep in regular contact with the Commission, or fail to assist in relation to your complaint, your complaint may be dismissed or terminated by the Board of Commissioners.

  

What happens once my complaint is sent to the respondent?

 You will be advised that the Commission offers mediation as an option for the parties to consider.  One of the Commission’s mediators will contact you to explain the mediation process and to assess whether you are interested in exploring a voluntary resolution of the complaint.  The Commission’s handout entitled “Mediation at The Human Rights Commission” will give you an overview of the mediation process before you speak to the mediator.

 If the complaint cannot be voluntarily resolved at this stage, your complaint is assigned to investigation. The respondent will be asked to provide a written response within 30 days.

 

Once the Commission receives the Respondent’s Reply, then what happens?

 You will be contacted by the investigator assigned to the complaint, usually in writing, advising you they have conduct of the investigation.  The investigator will send you the respondent’s reply to your complaint to review and respond to.  You will be asked to provide a written point-by-point rebuttal to what the respondent says in its reply.  The investigator will then discuss with you the reply and your rebuttal and then make an assessment regarding the extent to which further investigation may be required.

 

What does an investigation involve?

 Investigations are conducted in an impartial manner.  The investigator is not an advocate for either you or the respondent.

 It is very important that you assist the investigator with the investigation.  The investigator will interview witnesses and obtain documents and information s/he thinks are necessary to thoroughly explore the positions of both parties.  The investigator will then separately review with you and the respondent the substance of the evidence obtained during the investigation.  S/he prepares a written report (“Investigation Assessment Report”) for consideration by the Board of Commissioners.  Copies of the report are provided to you and the respondent, and both of you will have an opportunity to respond in writing before the Board of Commissioners considers the matter.

 At any stage of the investigation process, if you wish to explore resolving the complaint with the respondent, you should advise the investigator.

 

What is the role of the Board after the investigation is complete?

 The Board considers the investigator’s report, any written submissions made by you or the respondent and relevant case law. 

Where there is insufficient evidence to support a complaint, no contravention of The Code found, or the Board is satisfied that the complaint is frivolous or vexatious, the Board will dismiss it.  Where the Board is not satisfied that the complaint should be dismissed, it may provide the parties with the opportunity to discuss settlement and/or request that an adjudicator be appointed to hear the complaint.  You will be notified, in writing, of whatever decision the Board makes.

 

May I attend the Board’s meeting when the complaint is being discussed?

 The Board’s meetings are not open to the public.  Complainants and respondents are, however, given opportunities to ensure that all relevant information is brought to the Board’s attention, through the investigative process and in response to the Investigation Assessment Report prepared by the investigator.

 

What happens if a complaint is referred to a hearing?

 The adjudication process is independent of the Manitoba Human Rights Commission.  After receiving a request from the Board to appoint an adjudicator, the Minister of Justice selects an adjudicator from a list of those appointed under The Code.  Adjudicators arrange the hearings and provide notice in local newspapers so that interested members of the media and public may attend.

 When a complaint is referred to adjudication, the lawyer for the Commission presents the case at the hearing on behalf of both the Commission and the complainant.  Respondents may choose to hire legal counsel at their own expense (as may complainants).  Hearings are usually open to the public.  Evidence at hearings is given under oath.

At the conclusion of a hearing, the adjudicator must render a written decision.  The adjudicator may dismiss the complaint or may order a remedy.  Remedies can include money for lost wages, expenses, or injury to dignity, and may require specific action by the respondent to address the discrimination.  Adjudicator’s decisions are subject to review by the courts if grounds for judicial review exist.

 All adjudicator’s decisions can be found on the Commission’s website.

 

This information is a simplified description of parts of The Human Rights Code.  For further information, please contact The Manitoba Human Rights Commission: 

Winnipeg:  Ph: (204) 945-3007 Toll Free: 1-888-884-8681 TTY: (204) 945-3442

Brandon:  Ph: (204) 726-6261 Toll Free: 1-800-201-2551 TTY: (204) 726-6152

The Pas:  Ph: (204) 627-8270 Toll Free: 1-800-676-7084 TTY: (204) 623-7892
 

Our Bilingual Website:  www.gov.mb.ca/hrc

E-mail: hrc@gov.mb.ca   

 

Apr/2003

This information available at or through this web site is subject to copyright and disclaimer notices. Click here to review this important information before relying on or using any such information. The Manitoba Human Rights Commission