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PDF: How to File a Human Rights Complaint – New Brunswick

Video: How to File a Human Rights Claim: New Brunswick

Navigating the intricacies of the New Brunswick 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 New Brunswick, 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 New Brunswick.

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.

Before initiating your complaint, ensure you meet the following criteria:

• The complaint must be within one (1) year of the alleged incident.
• The incident took place in New Brunswick.
• It involves a provincially regulated body.
• The complaint aligns with the definition of discrimination as per the Human Rights Act.

About the New Brunswick Human Rights Commission:

The New Brunswick Human Rights Commission ensures the proper application of the Human Rights Act. Its objectives are:

• Promoting equality, dignity, and respect for every individual.
• Enhancing understanding and commitment to the Act’s provisions.
• Offering educational programs to abolish discriminatory practices.
• Handling complaints through its resolution mechanism.

Steps for Filing a Complaint:

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. Understand the Legislation:

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

3. Contact the New Brunswick Human Rights Commission:

• Discuss your situation and seek initial guidance.
• The staff may suggest early intervention or provide you with a complaint kit.

4. Complete the Human Rights Complaint Kit:

• Fill in all forms legibly:
  • Human Rights Complaint Form
  • Contact Information Form
  • Authorization for Release of Personal and Medical Info Forms
• Submit them to hrc.cdp@gnb.ca or via mail/courier to their official addresses.

5. Mediation and Investigation: The New Brunswick Human Rights Commission offers mediation services to address disputes. If unresolved, they’ll investigate, interview relevant parties, and draft an investigative report.

6. Commission Review: Commission members review the report, engage both parties, and decide on the case’s progression.

7. Labour and Employment Board Hearing: In specific cases, this board will conduct a public hearing. It operates independently from the New Brunswick Human Rights Commission. The board has the authority to reject or provide various resolutions.

8. Confidentiality: The process remains confidential until presented before the Labour and Employment Board. In sensitive cases, the board may keep the identities confidential.

9. Judicial Review: Both the Commission and Board’s decisions are subject to review by the courts. Parties can also approach the Ombud NB for a procedural review of the Commission.

Contact New Brunswick Human Rights Commission:

Email: hrc.cdp@gnb.ca

Phone: (506) 453-2301, Toll Free: 1-888-471-2233

Fax: (506) 453-2653

Website: www.gnb.ca/hrc-cdp

Mail: Human Rights Commission P.O. Box 6000, Fredericton, NB E3B 5H1

Courier: 751 Brunswick Street Fredericton, NB E3B 1H8

Remember, every individual deserves to be treated with dignity and respect. Ensure your rights are protected by understanding and navigating the complaint process effectively.