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PDF: How to File a Human Rights Complaint – Manitoba

Video: How to File a Human Rights Claim: Manitoba

Navigating the intricacies of the Manitoba Human Rights Commission’s complaint process can seem daunting, especially if you feel your rights have been violated. This guide offers an overview of how to file a Human Rights claim in Manitoba, detailing the steps of the process from determining eligibility to the possibility of a judicial review. Whether you’re looking to educate yourself or actively seeking justice, the information provided here can serve as a valuable roadmap in your pursuit of equity and justice in Manitoba.

Please note: This guide is for informational purposes only and does not constitute legal advice or representation. Always consult with a legal professional regarding your specific situation.

Preliminary Considerations:

• Ensure the alleged discrimination occurred within Manitoba.
• Confirm your claim is made within one (1) year of the alleged discriminatory act.
• Understand the definition of discrimination and ensure your situation aligns with it.

Manitoba Human Rights Commission

• Oversees the enforcement and understanding of human rights under the Human Rights Code.
• Is an independent agency of the Manitoba Government.
• Is mandated to administer the Human Rights Code, the provincial legislation safeguarding individuals from discrimination.

Human Rights Adjudication Panel:

• Gives a final verdict on your complaint.
• Steps for Filing a Complaint:

Filing a Human Rights Complaint in Manitoba

1. Gather Information:

• Identify involved parties.
• Determine the type of discrimination.
• Reasonable accommodations? Refusal? Reprisal?
• Understand the context and specifics of discrimination.
• Collect any supporting documentation.

2. Understanding the Legislation:

• Familiarize yourself with the Manitoba Human Rights Code.
• Recognize its coverage areas: employment, public services, housing, etc.
• Understand the prohibited grounds of discrimination, e.g., physical and mental disabilities.
  
  

3. Contact Manitoba Human Rights Commission:

• Discuss your situation and gather information.
• Use the following contact details:
  • Email: hrc@gov.mb.ca
  • Toll-Free: 1-888-884-8681
  • Winnipeg Office: 204-945-3007, 700-175 Hargrave Street, Winnipeg, MB R3C 3R8
  • Brandon Office: 204-726-6261, 341-340 Ninth Street, Brandon, MB R7A 6C2
• An intake officer will guide you on the eligibility of your complaint and offer an intake form.

4. Fill out the Complaint Intake Form:

• Detail the nature of your complaint and the involved parties.
• Intake officers will draft the complaint using your details and guide you on the respondents to file against.

5. Legal Advice: While intake officers aid in the complaint process, they don’t offer legal advice. Consider consulting a lawyer specializing in human rights law for thorough guidance.

6. Investigation: The Commission reviews your complaint and might begin an investigation, contacting both you and the respondent for further details.

7. Pre-Complaint Mediation: An attempt to informally resolve the issue before formal proceedings. Confidential and voluntary, requiring participation from both parties.

8. Mediation or Conciliation: The Commission may suggest this to help you and the respondent find a mutual resolution.

9. Hearings: Do not always occur.

• If the Executive Director sees enough discrimination evidence, a public hearing occurs.
• If the complaint doesn’t align with the Code or lacks evidence, it might be dismissed.

10. Other Legal Processes: The Commission will dismiss claims under investigation by another legal body to prevent duplicate processes.

Remember, standing up for your rights is essential. This process ensures that your voice is heard and that discriminatory practices are curtailed.