How to decide whether to file a human rights complaint

The Northwest Territories Human Rights Commission and Human Rights Adjudication Panel and what they do

If you’ve been sexually harassed, you may be able file a formal complaint with the Northwest Territories Human Rights Commission. One law that protects you from discrimination is the NWT’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. Commission staff encourage parties to reach a settlement through dispute resolution; if that’s not successful, they may investigate the issues. If the commission staff recommends a complaint for a hearing, the case will then go to the Human Rights Adjudication Panel (HRAP). 

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, that almost never happens. The last time the HRAP ruled on a case involving sexual harassment was 2008. The commission emphasizes dispute resolution as a means of resolving complaints.

We’re not saying don’t make a complaint to the commission, 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 in a mediation process could be right for you.

Why consider filing a complaint with the commission

• It’s 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 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 commission

The first step is a conversation with a human rights officer, who will listen to your story and help you fill out the complaint form. The executive director will review your complaint to see if it meets the criteria of discrimination. The complaint process and instructions are outlined on the commission’s website.

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 commission accept your complaint?

• You have two years from when the harassment happened to file your complaint with the commission. 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 commission if you work in the Northwest Territories or if the harassment happened in the Northwest Territories, but not if you work at a federally regulated workplace. See Am I a federally regulated worker? (And why it matters.) 
• You’re covered if you’re unionized or non-unionized, 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 dispute resolution works

If the executive director accepts your complaint, it will be sent to the respondent—the person your complaint is about—and they will then have a chance to discuss it with the human rights officer. At this stage a facilitator will be assigned to try to resolve your complaint through mediation. 

The facilitator will set up individual meetings with you and the respondent in which everyone can share information and state their key issues, then will schedule a resolution conference. This could take place in person in Yellowknife or by telephone or video conference. Getting to this stage takes about six months.  

Facilitators are human rights experts who listen to you and the respondent and work with both of you to come to a settlement. They are expected to behave neutrally: They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. Their goal is to try to reach a solution that both parties can agree to so your case doesn’t have to go to the adjudication panel. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act.

For more information

The commission’s website includes a brochure about the restorative dispute resolution process.

Pros and cons of dispute resolution

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 dispute resolution 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. The types of monetary awards for emotional harm when cases are decided by the HRAP are a guide. In recent years these have been between $5,000 and $10,000, though none have involved sexual harassment.

If dispute resolution isn’t successful 

Complaints that aren’t resolved in dispute resolution may then go to the investigation stage. This involves a human rights officer—not the same person as the mediator—speaking to people who might have relevant information and your providing the investigator with evidence about the harassment you experienced. See Document everything. The investigator does not check whether what they are told is correct—they take the information at face value. They then draft an investigation report.

You and the respondent can read the draft report and suggest changes. The final report is given to the executive director, who decides whether to dismiss the case or refer it to the panel for adjudication. Sexual harassment cases very seldom reach this point. 

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 to talk about your options. It is designed to help people file their complaint and protect human rights. The commission staff are trained to help you with the process.
• The Legal Aid Commission provides legal aid and legal aid outreach clinics to people who can’t afford a lawyer. You can contact Legal Aid by calling 1-867-767-9361 or 1-844-835-8050 toll-free.
• Justice Net 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 for families of three or more, 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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