One of the greatest advantages of living in Canada, especially when compared to many other countries around the world, is that the law protects the rights of all people living in Canada, regardless of whether they are citizens, permanent residents, or people with temporary status. Canada has one of the most developed human rights systems in the world, established in the Canadian Charter of Rights and Freedoms and in various provincial and federal human rights laws. However, many people, especially new immigrants, are unaware of their rights or do not know how to defend them when they are violated. This lack of knowledge often leads to people suffering from discrimination, exploitation in the workplace, landlord rights violations, and other serious violations without taking any action to protect themselves.
The good news is that if your rights are violated in Canada, you have many options to protect yourself, get justice, and even receive compensation for damages. These options include official government bodies such as the Human Rights Commission, court proceedings, government agencies for employment and occupational health and safety (Employment Standards, Occupational Health and Safety), and private lawsuits. It is important to understand that you do not need to have a lot of money to protect your rights. Most government agencies that handle complaints about rights violations do not charge for their services, and many lawyers specialize in working with people who cannot afford full fees. However, it is very important to know how to act correctly and quickly, because in Canada there are often strict time limits for filing complaints and lawsuits.
Step One: Understanding What Type of Rights Have Been Violated
When you believe your rights have been violated, the first step is to determine what type of rights have been violated and which government agency is best suited to resolve that type of issue. In Canada, there are different types of rights, each of which is protected by different laws and handled by different authorities. Understanding this is critical because if you file a complaint with the wrong authority, they may tell you that they do not have “jurisdiction” (the right) to hear your case, and you will have to start all over again.
The first type of rights violation is discrimination based on protected characteristics. In Canada and in the province of Alberta, laws prohibit discrimination based on characteristics such as race, skin color, religion, sex, gender identity, gender expression, national origin, ancestry, origin, age, mental or physical disability, marital status, family status, income source, and sexual orientation. Discrimination can occur in many areas of life, including employment, housing, access to services, union membership, and advertising. If you believe you have been discriminated against on the basis of one of these characteristics, you can file a complaint with the Alberta Human Rights Commission (AHRC) or the Canadian Human Rights Commission (CHRC), depending on where the discrimination occurred and which body has jurisdiction.
The second type of rights violation is a violation of employment standards, such as unpaid wages, unpaid severance pay, unpaid vacation days, and violations of working hours and working conditions. If you believe your employer has violated employment standards, you can file a complaint with Alberta Employment Standards, which is the agency that enforces the Employment Standards Code in the province of Alberta.
The third type of violation is problems with occupational health and safety in the workplace. If you believe that your workplace is unsafe, you are being bullied or subjected to violence in the workplace, or your employer is not complying with occupational health and safety regulations, you can file a complaint with Alberta Occupational Health and Safety (OHS).
The fourth type of rights violation is discrimination by a landlord, such as refusing to rent you a place to live based on a discriminatory characteristic, setting discriminatory rental conditions, or treating you unfairly during the rental process. If you believe you have been discriminated against in the area of renting, you can file a complaint with the Alberta Human Rights Commission.
The fifth type of rights violation is financial or property disputes, such as non-refundable money, breach of contract, property damage, etc. These types of cases are heard in Small Claims Court, which is a specialized court for hearing small claims (up to $50,000 in Alberta).
Step Two: Gathering Evidence and Documentation
Regardless of the type of rights violation you have experienced, the first practical step you should take is to begin documenting everything that has happened. Documentation is called a “paper trail” in the Canadian legal system, and it is critical to show that the violation actually occurred. Without documentation, your complaint often boils down to one person's word against another's, and in such cases, the authorities often cannot decide who is right.
The documents you need to collect depend on the type of violation. If it is a wage issue, you will need to collect pay stubs, timesheets, employment contracts, emails from your employer, and any written records that you are owed wages. If it is a discrimination issue, you will need to record the dates, times, places, what was said or done, who was present, and how it affected you. If it is a matter of workplace mobbing, you will need to collect emails, messages, chat records (Slack, WhatsApp, etc.), statements from witnesses, and document each incident in chronological order.
Keeping a log of all incidents is critical. Write down the date, time, location, people who were present, what happened, the words that were said, and your reaction on paper or on a computer. Even if it sounds trivial to you, all these details can be very important later when the authorities investigate your complaint. People often forget details over time, so records made at the time it happened or shortly after are much more valuable than what you remember months or years later.
If possible, gather witnesses. If other people saw or heard about what happened, ask them if they are willing to give written testimony or verify your version of events. Get their contact information and permission to use them as witnesses.
Step Three: Attempt to resolve the issue internally before filing a formal complaint
In most cases, Canadian authorities expect you to attempt to resolve the issue internally before filing a formal complaint. This means that if the problem is in your workplace, you should first try to talk to your immediate supervisor, human resources manager, or another person designated by your company to handle complaints. If the problem is with your landlord, you should first try to talk to your landlord.
It is very important that this first step is done in writing. Don't just tell your manager about the problem verbally. Instead, write an email or letter in which you clearly describe the problem, the date it occurred, how it affected you, and what you are asking to be done to resolve the problem. For example, if your manager makes rude comments about your religion, write: "I want to report an incident that occurred on [date]. You said [exact quote, if possible], which is discriminatory and offensive based on my religion. This creates a toxic work environment for me. I request that this stop immediately and that you undergo training on equal treatment."
The reasons why you should do this in writing are as follows. First, it creates an official record that you have reported the problem to the company. If the company later says they were unaware of the problem, you will have proof that they were aware. Second, it allows you to be precise and clear in what you say. When talking verbally, people often forget or misunderstand what was said. Third, it gives the company clear instructions on what they need to do to fix the problem. Fourth, it shows the authorities that you tried to resolve the issue yourself before filing a formal complaint.
After you send this letter, wait for a response. The company should respond within a reasonable period of time (usually a few days or a maximum of one or two weeks). If the company does not respond, or if the company responds but does not resolve the issue satisfactorily, you can move on to the next step and file a formal complaint with the authorities.
Step Four: Filing a Complaint with the Human Rights Commission
If you believe you have been discriminated against on the basis of one of the protected characteristics, the best place to file a complaint is with the Alberta Human Rights Commission (AHRC) or the Canadian Human Rights Commission (CHRC), depending on who has jurisdiction over your employer or landlord.
The process of filing a complaint with the AHRC begins by completing a complaint form. The form is available on the AHRC website at albertahumanrights.ab.ca. The form asks you to provide basic information about yourself, the person or organization that violated your rights (called the “respondent”), detailed information about the incident, including the date, time, location, and what happened, and the basis for the discrimination you are alleging (e.g., race, gender, religion, etc.).
It is very important to understand that you only have one year from the date of the violation to file a complaint with the AHRC. This means that if the discrimination happened a year ago, you can no longer file a complaint. Therefore, if you believe you have been discriminated against, do not wait too long to file a complaint. The sooner you file, the better.
Once you have completed the complaint form, you can send it to the AHRC by email, post, or fax. Once the AHRC has received your complaint, they will review it to make sure it meets all the requirements of human rights law. The AHRC may ask you for additional information. If you do not provide this information within the specified time frame (usually 30 days), the AHRC may reject your complaint.
If the AHRC decides to accept your complaint, they will send a copy of the complaint to the person or organization you have complained about (the respondent) and ask them to respond to your complaint in writing. The respondent will have some time (usually 30-45 days) to send their response. Once the AHRC has received the respondent's response, you will be given the opportunity to submit a “Reply Form” in which you can respond to what the respondent has said. You will usually be given 60 days to do this.
After that, the AHRC may attempt mediation between you and the respondent. Mediation is a process where a third party helps you and the respondent find a mutually acceptable solution without the need for a formal hearing. Many cases are resolved through mediation, so it is often the fastest and least expensive way to resolve a complaint.
However, if mediation is not successful or if you do not want mediation, the AHRC may conduct a formal investigation of your complaint. During the investigation stage, the AHRC investigator will gather evidence from you and the respondent, may interview witnesses, and review documents. After the investigation, the investigator will prepare an Investigation Report recommending whether there are grounds to proceed or to dismiss the complaint.
If the investigator recommends that the complaint be pursued, the AHRC may refer the case to the Alberta Human Rights Tribunal, which is a formal court. At a tribunal hearing, you and the respondent can present evidence, documents, and witnesses. The tribunal then decides whether discrimination occurred. If the tribunal finds discrimination, they may order compensation for pain and suffering, return of lost wages, reinstatement to work, training for the employer, and other measures.
Step Five: Filing a complaint with Alberta Employment Standards (for wage and working condition issues)
If your issue cannot be classified as discrimination but relates to unpaid wages, unfulfilled working conditions, travel violations, etc., you can file a complaint with Alberta Employment Standards. This is the leading authority responsible for enforcing the Employment Standards Code.
To file a complaint with Employment Standards, you can fill out an online form on their website or call them for advice. On the form, you provide information about your employer, your name and contact information, as well as a detailed description of the problem and the amount of money you are claiming.
Employment Standards will investigate your complaint by talking to you and your employer and reviewing payroll records and other documents. If Employment Standards finds that your employer does indeed owe you money, they can issue an order requiring the employer to pay you. If your employer does not comply with the order, Employment Standards may take further action, including fines.
Step Six: File a complaint with Alberta OHS (for workplace safety issues)
If you believe your workplace is unsafe or your employer is violating workplace safety rules, you can file a complaint with Alberta Occupational Health and Safety (OHS). OHS is the agency that enforces workplace safety rules.
If you are concerned about safety, you can first try to report the problem to your employer. Most workplaces have a person responsible for occupational health and safety (OHS representative or OHS coordinator) to whom you can report. If your employer does not resolve the problem, you can file a complaint with OHS.
It is important to understand that in Canada, workers have the right to refuse dangerous work. This means that if you believe the work is unsafe, you can refuse to work until the problem is resolved without fear of being fired. However, this right is within legal limits. For example, you cannot simply not show up for work without warning. Instead, you must inform your employer that you are refusing to work due to safety concerns and allow your employer the opportunity to resolve the issue. If your employer fires you for exercising your right to refuse unsafe work, this is retaliation, which is illegal, and you can file a complaint with OHS or AHRC.
Step Seven: File a claim with Small Claims Court for financial disputes
If your problem is a financial dispute that cannot be resolved through the authorities, you can file a claim with the Small Claims Court. In Alberta, you can file claims for up to $50,000 in Small Claims Court. The process is simpler than in a regular court, and you can represent yourself (without a lawyer), although it is recommended that you have a lawyer.
To file a claim in Small Claims Court, you will need to complete a Civil Claim Form, which is available on the Alberta Courts website. On the form, you will need to provide your name and contact information, the name and contact information of the person or company you are suing (the defendant), a detailed description of what happened, and the amount of money you are claiming.
Once you have completed the form, you submit it to the Small Claims Court office, along with a filing fee. The fee varies depending on the amount of the claim, but is usually between $100 and $200. After you file your claim, the court will send a copy of the claim to the defendant so that they know they are involved in a legal proceeding. The defendant will have time (usually 30 days) to respond to the complaint.
If the defendant does not respond, the court may issue a default judgment in your favor, which means you win the case. If the defendant responds, the court may try mediation to help you reach an agreement. If mediation does not work, the case will be heard in court before a judge. At the court hearing, you will present your testimony and evidence, and the court will decide which side will win the case.
Step Eight: Filing a Complaint About Discrimination in Renting
If you believe you have been discriminated against when looking for housing or during the rental process, you can file a complaint with the AHRC using the same process described above for discrimination. Discrimination in renting is especially common for immigrants, who may be less familiar with Canadian rights.
Examples of discrimination in renting include a landlord refusing to rent you a place based on your race, religion, having kids, where your income comes from (like if you're on government assistance), or where you're from. Separately, a landlord may set discriminatory rental conditions, such as requiring Canadian references (which is unfair to newcomers who do not have Canadian acquaintances) or requiring a larger deposit.
If you need housing and have experienced discrimination, don't give up. There are organizations that can help you, such as the Edmonton Immigrant Services Association (EISA) and the Edmonton Community Legal Centre (ECLC).
Important: Know the deadlines for filing complaints
It is very important to understand that there are strict time limits for filing complaints in Canada. If you miss these deadlines, you may lose your right to protection. The main deadlines are as follows:
For discrimination (handled by the AHRC or CHRC): one year from the date of the incident. If the discrimination happened a year ago, you can no longer file a complaint.
For employment standards violations (handled by Employment Standards): usually two years, but some claims may have shorter deadlines.
For Small Claims Court cases: two years for most types of claims, but some may have different deadlines.
Therefore, if you believe your rights have been violated, it is very important to act as soon as possible.
How to protect yourself from retaliation
It is very important to understand that in Canada, it is illegal to retaliate against someone for filing a complaint about a violation of their rights. Retaliation means that your employer, landlord, or other party treats you negatively because you defended your rights. Examples of retaliation include firing you from your job, demoting you, reducing your hours, worsening your working conditions, or a landlord evicting you for filing a discrimination complaint.
If you have experienced retaliation, you can file an additional complaint about retaliation. This is a serious issue, and authorities take it very seriously. Therefore, if your employer or landlord begins to treat you negatively after you file a complaint, document it immediately and report it to the authorities handling your initial complaint.
Find help: Where to get legal and emotional support
The process of defending your rights in Canada can be scary and emotionally draining, especially if you are not familiar with the Canadian legal system. That is why it is very important to find support. As I described earlier, free legal assistance is available to newcomers through the Edmonton Community Legal Centre and other organizations.
In addition, seek emotional and psychological support. If you have experienced discrimination, mobbing, or other forms of abuse, it is often accompanied by stress, anxiety, depression, and other mental health issues. Do not hesitate to contact a psychologist or counselor. Many newcomer organizations have mental health programs for immigrants.
Also, make sure you have people you can trust to talk to about your situation. These could be family members, friends, or people from your cultural community. Having social support is critical to your well-being during a difficult time.
Conclusion: Know your rights and be prepared to stand up for them
In closing, it is very important to understand that in Canada, you have rights, and those rights are protected by law. If your rights are violated, you should not suffer in silence. You have free and low-cost options to protect yourself, get justice, and receive compensation for damages. The process can take time, but it is worth it.
If you are new to Canada and unsure of your rights, seek information. Contact the free hotline for Ukrainians, the Edmonton Community Legal Centre, the Alberta Human Rights Commission, or other organizations that can help you. These organizations exist specifically to help people like you defend their rights.
Remember that discrimination, bullying, exploitation, and other forms of rights violations are not part of Canadian culture and values. Canada is committed to ensuring that all people, regardless of their origin, status, or other characteristics, are treated fairly and with dignity. If you are not receiving this, be prepared to use the justice system to protect yourself. And remember that you are not alone. There are people and organizations ready to help you.