Saskatchewan - ASEQ-EHAQ

ASEQ-EHAQ

L'Association pour la santé environnementale du Québec / Environmental Health Association of Québec

Saskatchewan

Saskatchewan

How To File a Human Rights Complaint

Saskatchewan Human Rights Commission:
https://saskatchewanhumanrights.ca/

Navigating the intricacies of the Saskatchewan 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 Saskatchewan, 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 Saskatchewan.

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.

Eligibility:

  • Complaints must be lodged within a year of the alleged incident.
  • The focus is on ensuring equality and preventing discrimination based on any grounds protected by the Code., such as disability.
  • The alleged discrimination must have occurred in Saskatchewan.
  • You should genuinely believe that discrimination has taken place.

How to File a Complaint:

Online: Complete the intake questionnaire form online. Ensure all fields are filled to submit the form via email. An Accessible Intake Questionnaire is also available.

Mail: Print, fill out, and mail the intake questionnaire to:

Saskatchewan Human Rights Commission

P.O. Box 6011

Saskatoon, SK S7K 4E4

Phone: If you face difficulties or need assistance, contact (306) 933-5952 or toll-free at 1-800-667-9249.

Post-Complaint Process:

  1. The Commission assesses your claim using the Code.
  2. The Respondent (the accused party) is contacted to understand their perspective.
  3. Potential resolution paths include pre-complaint resolution, mediation, investigation, or a hearing.
  4. The Commission can educate claimants about disability rights and relevant legislation.
  5. The Chief Commissioner has discretion to defer actions if another process, like a union grievance, seems more fitting.
  6. You can withdraw your complaint at any stage.

Resolution Methods:

Mediation & Settlement: At any phase, parties can choose mediation or settlement as a more expedient and collaborative resolution route.

Investigation: A neutral investigator reviews evidence, consults witnesses, and submits findings to the Chief Commissioner for further action.

Directed Mediation: Before a hearing, parties often undergo another round of mediation. A satisfactory resolution proposal by the respondent can conclude the case. If not, the complaint proceeds to a hearing.

Hearing: Managed by the Court of King’s Bench upon referral from the Commission. While the Commission represents the complainant without fees, both parties can opt for their own legal counsel.

Guide to Achieving a Settlement:

Documentation: Keep detailed records of incidents, retain important documents, and collect medical reports.

Witnesses: Gather statements and collaborate with individuals who can corroborate your claims.