Important

This is not legal advice! What you are getting here is just general legal information. It is not a substitute for advice from an actual lawyer about your specific situation. If you need legal advice, we urge you to find a lawyer who can help you.

The Nova Scotia Human Rights Commission and what it does

The Nova Scotia Human Rights Commission is the agency that receives and investigates discrimination cases. One law that protects you from discrimination is the Nova Scotia Human Rights Act. Sexual harassment under the act can constitute discrimination based on sex. 

If your complaint falls within the commission’s jurisdiction, it will accept it for investigation. 

When you think about filing a complaint, you might imagine a process that ends in a definitive ruling that what happened to you was either right or wrong. In Nova Scotia that decision would be made by a board of inquiry. But in reality, that almost never happens. In 2022-23, roughly 100 complaints were accepted by the commission; however, there was only one complaint of sexual harassment decided by a board of inquiry. The same year, a dozen cases were settled through the dispute resolution process.

We’re not saying don’t make a complaint to the commission, but it’s very 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 participating in a dispute resolution process could be right for you.

Facts about the Nova Scotia Human Rights Commission

  • In the last few years up to 10 people annually have filed a complaint with the commission saying that they have been discriminated against on the basis of sexual harassment.
  • The majority of complaints to the commission are closed for reasons such as there being no significant issue or the complaint being without merit.
  • Between 2020 and 2023, a board of inquiry ruled on two complaints that involved sexual harassment. One was still ongoing; in the other case, the complainant was awarded $7,500 for the harassment he experienced.
  • On average, it takes more than two years from the time someone first contacts the commission to the point at which the matter is concluded. 
  • Source: Nova Scotia Human Rights Commission Annual Report 2022-23

Why consider filing a complaint with the commission

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

  • It could be a chance to tell the harasser what they did is not okay.
  • 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 employee policies and training around sexual harassment.
  • It is possible you might get some money to recognize the emotional harm you suffered from the harassment.

How to make a complaint to the commission

The commission recommends that you first complete its complaint self-assessment form. If your answers indicate that your complaint might be within the commission’s jurisdiction, the next step is reviewing the online guide to the dispute resolution process, then filling out the inquiry form and submitting it by email to [email protected]. If you have questions, you can call 902-424-4111. 

The commission will respond to your inquiry form by asking for more information; or by telling you that it has not been accepted and explaining the reason for this decision; or by creating a complaint form that you sign, which means your complaint will move to the investigation stage. 

You can file an application 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 commission accept your application?

  • You have one year from when the harassment happened to file your application with the commission. If the harassment happened more than once, the deadline is one year from the last incident of harassment. 
  • You can file a complaint with the commission if you work in Nova Scotia or if the harassment happened in Nova Scotia, but not if you work at a federally regulated workplaces See Am I a federally regulated worker? (And why it matters.)
  • If you’re unionized, you must make your complaint through your union. You’re covered if you’re non-unionized, temporary or permanent, an independent contractor, or undocumented.
  • After you submit your application, the commission might decide that the harassment you faced doesn’t relate to a ground of discrimination under the code. In that case, your application will not proceed.

How mediation works

The commission can encourage mediation even before a complaint has been formalized—for example, in situations where the complainant could be facing immediate consequences of discrimination. 

After a complaint has been accepted and the respondent—the person your complaint is about—has been notified, a human rights officer will conduct an investigation, and if they find that a discrimination has occurred, a date for a resolution conference will be set. A resolution conference is how the commission tries to settle your case by you and the complainant coming to an agreement through mediation. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act. 

Resolution conferences are scheduled in all commission cases. They can take up to a day and usually are held at a commission office; these are located in Halifax, Sydney, and Digby, 

The human rights officer will mediate the case. They are a neutral party who will not take a side before, during, or after the process. They work with both sides to try to find a resolution that works for everyone. You can provide information or show documents to a mediator and request they keep them confidential from the other side. When a settlement agreement is reached, it must be approved by the commissioners. 

The commission can help the parties mediate at any point up to a hearing before a board of inquiry. 

For more information

The commission’s website includes a detailed guide to the dispute resolution process.

Pros and cons of mediation

  • The mediation process is free.
  • Many people participate in mediation without a lawyer.
  • You are the one to decide what you will accept from the respondent to make up for the harm they caused.
  • Reaching a settlement is usually faster than a hearing, which could take years to happen.
  • More creativity is possible in mediation. For example, you can’t ask for an apology in a hearing.
  • Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later.
  • There is no risk in participating in mediation. If it fails, you still may have the option of a hearing.
  • Mediation doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
  • You will likely not get everything you ask for—you have to be ready to compromise.

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 mediated settlements are private. However, we know that in a number of those cases the agreement didn’t involve money at all; instead, the respondents were ordered to do things like take human rights training or create a human rights policy that all managers would have to be trained about. 

Beyond mediation

When mediation in a resolution conference is unsuccessful, the commissioners will decide whether to refer your case to a board of inquiry for a hearing that is much like a civil trial. If this happens, the chief judge of the provincial court appoints one to three people to hear the case. It is very unlikely that your case would reach this stage—some years only one case is decided. 

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 commission and talk to a human rights officer before making a complaint. The commission staff are trained to help you with the process.
  • The Dalhousie Legal Aid Service is a community-based office in Nova Scotia and a clinical program for law students at the Schulich School of Law at Dalhousie University. The DLAS serves low-income individuals. It has experience filing complaints with the commission and can help guide you through the process.
  • The Halifax Workers’ Action Centre is an organization whose aim is to improve conditions for low-wage and marginalized workers. If your income is low, WAC offers free legal advice, which may help you regarding filing a complaint with the commission.
  • JusticeNet 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.
  • 211 Nova Scotia is a free and confidential 24/7 phone and text service that connects individuals to services in the province. You can call or text 2-1-1 to be connected with trained professionals to help find support services.
  • Your workplace union, association, or employee assistance program may be able to help you find legal services or cover part of your legal fees.