The Human Rights Code sets out a detailed complaint process that enables any person who believes they have been discriminated against to file a complaint with the Commission.
The Commission is responsible for investigating the complaint to determine if it should be dismissed or referred to the Human Rights Adjudication Panel for a final decision.
We review every complaint to determine how much investigation is required and may, in some cases, assess whether or not the complaint raises an issue covered by The Human Rights Code. The investigation report is provided to the parties and they are given the opportunity to clarify, change or add any information before a final decision is made about the complaint.
If our Executive Director decides that there is sufficient evidence to find that The Human Rights Code has been contravened, we will request that an adjudicator be appointed to consider the complaint at a public adjudication hearing. The ad judicator has the authority to order remedies that compensate the complainant and order the respondent to address the discrimination and ensure that it does not happen again.
If you believe you have been discriminated against contact one of our human rights officers by phone, fax, or email to hrc@gov.mb.ca and outline your concern. You can also book an appointment to meet with a human rights officer in our Winnipeg or Brandon offices. The initial intake appointment typically takes 15-20 minutes.
We will assess your situation to identify if your concern is something that falls under The Human Rights Code. We may refer you to another agency, give you general information about The Human Rights Code to assist you or ask you to complete an Intake Questionnaire so we can gather further information to assist us in puting together your human rights complaint.
Once we receive your completed Intake Questionnaire and a brief statement from you we can get started. We will open a file and begin to work through the information to frame your complaint. We may request further information from you by email or phone or may set up a time to meet with you by telephone or in-person.
We will send you a draft complaint on our regulated complaint form for your review and signature. We will ensure that it contains the essential facts needed to frame the allegation of discrimination so that the other party can respond to it and so that we can properly investigate the issue you are concerned about. The formal complaint is usually a 1-2 page document. Your written statement and any other documents that are relevant to the complaint are kept on your file and will be useful at later stages in the process.
The Executive Director will register the complaint within approximately 2-4 weeks of you signing it. We will formally serve the complaint on the respondent and will usually request a formal response to the allegations within 30 days of the date it is served.
For more information see our Guide to Filing a Complaint.
We encourage the early resolution of complaints. Resolution or settlement is often a better outcome for the parties than going through the formal complaint process. Our mediators will always approach the mediation from a human rights lens and will offer the parties the opportunity to enter into a settlement agreement that remedies issues raised in the complaint.
The mediation is voluntary. We will usually offer the parties mediation before a formal complaint is registered. We may also offer it after the complaint is registered but before it is investigated.
For more information see our Guide to Mediation.
