How to decide whether to file a human rights complaint

The Nunavut Human Rights Tribunal and what it does

If you’ve been sexually harassed, you may be able file a formal complaint with the Nunavut Human Rights Tribunal. One law that protects you from discrimination is Nunavut’s Human Rights Act. Sexual harassment under the act can constitute discrimination based on sex. The commission will review your complaint and assess whether it should be accepted. 

When you think about filing a complaint, you might imagine a process that ends in an adjudicator definitively ruling that what happened to you was either right or wrong. But in reality, the tribunal emphasizes dispute resolution as a means of resolving complaints.

We’re not saying don’t make a complaint to the tribunal, but it’s extremely unlikely the outcome will be a public acknowledgement of the fact that you were harassed. If you think you would be satisfied with a private settlement, which could involve such things as money to compensate you for the harm you experienced, an apology, or a job reference, then having your complaint dealt with through a mediation process could be right for you.

Why consider filing a complaint with the tribunal

If you decide to file a complaint with the tribunal, here are a few things you may get out of the process:

• It’s a chance to tell the harasser what they did is not okay.
• You might get an apology for the harassment.
• You might get back money you lost because of the harassment—maybe you didn’t get a special project or a promotion, or were fired.
• You might get a reference for a new job.
• You could request that your workplace make changes that would affect everyone there, not just you, like improving their employee policies and training around sexual harassment.
• It is possible to get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the tribunal

The tribunal recommends first reading the Human Rights Tribunal Rules of Procedure before you complete the notification form. In theory, you can contact the tribunal office for help with filling out the form, which can be filed by mail, email, fax or orally. Include any documents that support your claim. Be aware that getting a response to phone messages or emails can take a long time. The tribunal recommends getting legal advice, if possible. A brochure on the tribunal’s website outlines the complaint process. 

You can file a complaint against anybody who is sexually harassing you at work—your employer, a co-worker, a supervisor, a customer, or a contractor. In your application, you can also name the company or organization you were or are working for. Even if your employer is not the one who’s harassing you, they have to protect you from sexual harassment and a harassing environment. See How to report sexual harassment to your employer. 

Will the tribunal accept your complaint?

• You have two years from when the harassment happened to file your complaint with the tribunal. If the harassment happened more than once, the deadline is two years from the last incident of harassment. 
• You can file a complaint with the tribunal if you work in Nunavut or if the harassment happened in Nunavut, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.)
• If you’re unionized, you can make your complaint through your union or to the tribunal. You’re covered if you’re temporary or permanent, an independent contractor, or undocumented.
• If your complaint doesn’t fall under the Human Rights Act, you may be referred to another agency for help. 

How mediation works

After you file, your notification will be sent to the respondent—the person your complaint is about—and they have several months to respond in writing to what you’ve said. At this point, if the tribunal believes you may have a valid case, you and the respondent will be encouraged to participate in mediation. If you agree you will be asked to sign a mediation agreement, which explains what the mediator will do and how the mediation is confidential. A tribunal member, independent mediator, or community elder will be assigned to your case. 

The mediator is expected to behave neutrally: They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. They work with both sides to try to find a resolution that works for everyone. The aim is not to determine whether you were sexually harassed according to the Human Rights Act. Inuit cultural principles like respect, inclusiveness and reaching consensus are important elements of the process.

Most mediations happen by telephone or videoconference and start with the mediator speaking to you and the respondent separately. After that, they may bring both sides together or continue to work with each side individually. There is only a settlement if both sides agree—you can’t be forced to accept a settlement.

For more information

The tribunal’s website includes a document that describes the mediation process in detail.

Pros and cons of mediation

What you might ask for

Money to compensate you for:

• The harm to your dignity, feelings, and self-respect.
• Lost wages.
• The cost of counselling sessions you’ve needed and/or money to cover future counselling.

Besides money:

• An apology.
• A reference letter or a letter confirming your employment.
• A change at the workplace, like including a sexual harassment section in the policies handbook.
• Your employer having to take a course about preventing and dealing with sexual harassment. 

What are you likely to get?

Details of settlements reached through mediation are private. However, we know that in a number of cases agreements don’t involve money at all; instead, the respondents agree to do things like take human rights training or create a human rights policy that all managers have to be trained about. Monetary awards are modest.

Where to get help with the process

Navigating the complaint process can be complicated and stressful. Here are some ways that you might get free or lower-cost advice:

• You can call the tribunal to talk about your options. It is designed to help people file their complaint and protect human rights. The tribunal staff are trained to help you with the process. A Nunavut Human Rights Tribunal human rights officer may be available to help at 1-866-413-6478. However, the tribunal can be slow to respond to phone messages.
• The Legal Services Board of Nunavut operates three legal aid clinics:
  • Kivalliq Legal Services, Rankin Inlet (1-800-606-9400)
  • Kitikmeot Law Centre, Cambridge Bay (1-866-240-4006)
  • Maliiganik Tukisiiniakvik Legal Services, Iqaluit (1-866-202-5593)

To apply for help from these clinics, call a location. Or you can email; you will be interviewed over the phone within a few days. These services are available to eligible applicants.

• JusticeNet note that this link doesn’t work for me when it’s spelled solid is a not-for-profit service for those whose income is too high to qualify for legal aid but too low to afford regular legal fees. To qualify you must have a net family income under $70,000, or $90,000 if there are three or more people in your family, and be experiencing financial difficulties. Participating lawyers’ reduced rates vary depending on your family size and income.
• Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.

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