# How to decide whether to file a human rights complaint (NT)

> URL: https://www.aftermetoo.com/article/how-to-decide-whether-to-file-a-human-rights-complaint/nt/  
> Language: en  
> Description: In the Northwest Territories, filing is free and usually ends in a private settlement, not public vindication—how to weigh the trade-off.

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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](https://www.aftermetoo.com/article/how-to-find-and-work-with-a-lawyer/) who can help you.

## 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](https://nwthumanrights.ca/). One law that protects you from discrimination is the NWT’s [Human Rights Act](https://www.justice.gov.nt.ca/en/files/legislation/human-rights/human-rights.a.pdf). 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](https://hrap-nt.ca/) (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.

## **Facts**about the NWT Human Rights Commission and HRAP

- Of the 26 new complaints to the commission in 2023-24, one involved discrimination on the basis of sex.
- The majority of complaints to the commission never get decided by the HRAP. In 2023-24, the panel issued no interim or final decisions; in 2022-23 it issued six decisions, none of which involved workplace sexual harassment. Roughly 65% of complaints are resolved through mediation. Most of the remainder are dismissed or withdrawn.
- It can take two years or more for complaints to be heard by the HRAP.
- Sources: [NWT Human Rights Commission 2023-24 Annual Report](https://nwthumanrights.ca/app/uploads/2024/08/2023-2024-Annual-Report-ENG-WEB.pdf), [NWT Human Rights Adjudication Panel](https://hrap-nt.ca/).

## 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](https://nwthumanrights.ca/app/uploads/2021/04/2021-NWTHRC-Complaint-Form.pdf). The executive director will review your complaint to see if it meets the criteria of discrimination. The [complaint process and instructions](https://nwthumanrights.ca/complaints/complaint-process/) 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](https://www.aftermetoo.com/article/how-to-report-sexual-harassment-to-your-employer/ab/). 

## Will **the commission** a**ccept 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.)](https://www.aftermetoo.com/article/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](https://nwthumanrights.ca/app/uploads/2021/01/RDR-Brochure-ENG-WEB.pdf) about the restorative dispute resolution process.

## **Pros and cons** of **dispute resolution**

### Pros

- The dispute resolution process is free.
- You don’t need a lawyer to participate. 
- 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 faster than a hearing and more likely to happen than reaching the hearing stage.
- 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, your complaint will go on to the investigation stage.

### Cons

- The settlement process doesn’t give you a chance to publicly say what happened to you or be told that it was wrong.
- You must sign an agreement to keep the terms of a settlement confidential.
- You may 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 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](https://www.aftermetoo.com/article/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](https://nwthumanrights.ca/about-us/contact/) 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](https://www.justice.gov.nt.ca/en/boards-agencies/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](https://www.justicenet.ca/) 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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## Article reviewers

Aftermetoo articles are reviewed by members of the following panel of people and organizations. Not every member reviewed every article; regional articles were reviewed by lawyers in that jurisdiction.

- Kathleen Avery, LLB, lawyer, Yukon Workers’ Safety and Compensation Board
- Barbara Bergmann, JD, lawyer, Workplace Sexual Harassment Clinic/Yukon Legal Services Society
- Meredith Brown, JD, lawyer, Calibrate
- Stephen Carpenter, LLB, lawyer, Workers Compensation Board of PEI
- Amber Chisholm, JD, associate director, Public Legal Education and Information Service of New Brunswick (PLEIS-NB)
- Callandra Cochrane, JD, lawyer, Barbra Schlifer Commemorative Clinic
- Alexander Dezan, JD, legal counsel, Yukon Human Rights Commission
- Sandra Guarascio, JD, lawyer, investigator, facilitator, Roper Greyell LLP Employment + Labour Lawyers
- Andrea Gunraj, vice-president, public engagement, Canadian Women’s Foundation
- Sara Hanson, JD, senior associate, Moore Edgar Lyster LLP
- Noah Jacobs, BA, Public Legal Information Association of NL
- Khurram Khurshid, LLB, research officer, New Brunswick Human Rights Commission
- Raphaëlle Laframboise-Carignan, JD, lawyer, RavenLaw LLP
- Kevin Love, JD, lawyer, Community Legal Assistance Society, BC
- Sarah McCoubrey, BFA, JD, MEd, lawyer, Calibrate
- Lesley McCullough, JD, founder and director, Workplace Sexual Harassment Legal Clinic, Yukon
- Alison McEwen, JD, RavenLaw LLP
- Garreth McGrath, JD, legal support navigator, Public Legal Information Association of NL
- Sarah McHugh-Wade, BA, legal support navigator, the Journey Project
- Sandra MacKenzie, JD, lawyer, Lawson Lundell LLP
- Anna-Marie Manley, LLB, lawyer, Patterson Law
- Deepa Mattoo, LLB, lawyer and executive director, Barbra Schlifer Commemorative Clinic
- Loretta Merritt, LLB, LLM, lawyer, Torkin Manes Barristers & Solicitors
- Chetan Muram, JD, counsel, Toronto Workers’ Health and Safety Legal Clinic
- Gobhina Nagarajah, JD, staff solicitor, Newfoundland and Labrador Human Rights Commission
- Alex Norris, JD, associate, Carbert Waite LLP
- Anita Nowinka, BSc, JD, associate, Carbert Waite LLP
- Kim Nutz, JD, Sunstone Legal in association with West Legal
- Kevin O’Shea, JD, executive director, Public Legal Information Association of NL
- Coral Rajchgot, LLB, JD, former intern, Aftermetoo
- Carley Reynolds, BA, criminology; JD, counsel, Donich Law
- Lucie Roubin, avocate, Juripop
- Ginette Savoie, director, Workers’ Advocate, Government of New Brunswick
- Paméla Schiavoni, JD, lawyer, New Brunswick Human Rights Commission
- Mary Shortall, president, Newfoundland and Labrador Federation of Labour
- Morgan Sim, JD, MA, international relations, lawyer, Parker Sim LLP
- Cécile Simon, JD, avocate-conseillère, Juripop, Bureau du respect de la personne
- Michelle Squires, JD, project manager, Canadian Mental Health Association, York Region
- Dayna Steinfeld, LLB, JD, Winnipeg lead lawyer, RavenLaw LLP
- Keir Vallance, JD, lawyer, Bainbridge Jodouin Cheecham Barristers & Solicitors
- Sherri Walsh, JD, managing partner, Hill Sokalski Walsh LLP
- Madeleine Werker, JD, associate, Grosman Gale Fletcher Hopkins LLP
- Canadian Labour Congress
- The Help and Information Center on Workplace Harassment (GAIHST)
- Newfoundland and Labrador Human Rights Commission