Anyone who is legally present in Canada can file a complaint with the Nova Scotia Human Rights Commission about something that has happened in Nova Scotia. You can be a Canadian citizen, permanent resident, or someone on a visa. You do not need to have a lawyer to file a complaint, but you can be represented by a lawyer. If you are younger than 19, then a parent or guardian has to file a complaint on your behalf.
The deadline to file a complaint is 12 months from the last date of alleged discrimination, or 24 months in exceptional circumstances.
Note: If you have been discriminated against by a federally regulated industry such as banking or airlines, you may need to contact the Canadian Human Rights Commission.
Step 1: Self-assessment
Before contacting the Nova Scotia Human Rights Commission, consider using the Commission’s self-assessment tool. This will give you a better sense of whether you likely have a complaint the Commission can address.
Remember: To make a complaint, you will have to show that you (1) faced negative treatment (2) in a protected area (3) because of a protected characteristic.
Step 2: Contacting a Human Rights Officer
The Nova Scotia Human Rights Commission has offices in Halifax, Sydney and Digby. To make a complaint, you will have to contact a Human Rights Officer at the Nova Scotia Human Rights Commission. They will hear the details of your complaint and ask questions to decide whether you should file a formal complaint.
Before you speak to a Human Rights Officer, it may be helpful to have:
- A detailed timeline of events;
- Names of individuals involved;
- Relevant documentation;
- A clear, concise presentation of events; and,
- Any other information you feel is helpful to understand the situation.
Note: Before contacting the Nova Scotia Human Rights Commission, it may also be helpful to consult with a lawyer who practices human rights law to discuss your options.
Step 3: Drafting your complaint
If the Human Rights Officer believes your complaint falls within the protection of the Nova Scotia Human Rights Act, they will help you fill out a formal complaint form. The complaint form will describe the incident(s) which have occurred and explain why you feel there was discrimination. The form must be completed together with a Commission staff member.
Step 4: Evaluating and next steps
After you fill out the complaint form, it will be evaluated by the Commission. They will decide whether to go forward with your complaint and whether to share it with the organization or person named in the complaint.
After a formal complaint is filed, the Commission will decide what the best plan is to address the complaint. One approach is to conduct an investigation and have a staff member gather information from everyone involved to write a report. Another approach is to use restorative justice and have parties come together for a Resolution Conference. At a Resolution Conference, everyone affected by the incident will have a chance to share their views and work together to find a meaningful solution. Regardless of what approach is used, the Commission is responsible for seeing the complaint through to its end.
If the issue is not resolved at a Resolution Conference, complaints are referred to a Board of Inquiry. The Chair of the Board will work with the parties to reach a negotiated settlement, but if that is not possible, they can make a ruling, just like a judge in a court case. To look at some past decisions please go to the Commission’s webpage, titled Board of Inquiry Decisions.