# How to decide whether to file a human rights complaint (NU) > URL: https://www.aftermetoo.com/article/how-to-decide-whether-to-file-a-human-rights-complaint/nu/ > Language: en > Description: In Nunavut, filing is free and usually ends in a private settlement, not public vindication—how to weigh the trade-off. --- 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 **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](https://nhrt.ca/). One law that protects you from discrimination is Nunavut’s [Human Rights Act](https://www.canlii.org/en/nu/laws/stat/csnu-c-h-70/latest/csnu-c-h-70.html). 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. ## **Facts**about the Nunavut Human Rights Tribunal - Every year, about a dozen people file a complaint with the tribunal saying that they have been discriminated against or harassed. - Sexual harassment complaints are rare; men are most likely to make such a complaint. - More than 90% complaints to the tribunal are settled through mediation or in another forum.  - It is challenging to reach the tribunal—it’s slow to respond to phone calls or emails. - It can take up to 18 months from the time a complaint is filed until the tribunal decides whether the complaint should be dismissed or go to mediation. It usually takes a month from the time the parties agree to mediate until they sign an agreement. ## 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](https://nhrt.ca/app/uploads/2020/02/EN_RESOURCE_rules_of_procedure.pdf) before you complete the [notification form](https://nhrt.ca/how-to-file/#section3). 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](https://www.aftermetoo.com/article/how-to-find-and-work-with-a-lawyer/), if possible. A [brochure](https://nhrt.ca/app/uploads/2020/02/EN_GUIDE_for_filing_a_notification.pdf) 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](https://www.aftermetoo.com/article/how-to-report-sexual-harassment-to-your-employer/ab/).  ## 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.)](https://www.aftermetoo.com/article/am-i-a-federally-regulated-worker-and-why-it-matters/) - If you’re unionized, you can [make your complaint through your union](https://www.aftermetoo.com/article/working-with-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](https://nhrt.ca/app/uploads/2020/05/EN_What_is_mediation.pdf) that describes the mediation process in detail. ## **Pros and cons** of **mediation** ### Pros - The mediation process is free. - You don’t need a lawyer to participate, though you are encouraged to have legal help at the notification stage.  - You are the one to decide what you will accept from the respondent to make up for the harm they caused. - Everything you say is considered confidential, or “without prejudice”—it can’t be used against you later. ### 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 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](https://nhrt.ca/) 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](http://nupli.ca/index.php/legalaid) 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](mailto:civilintake@nulegalaid.com); you will be interviewed over the phone within a few days. These services are available to eligible applicants. - [JusticeNet](https://www.justicenet.ca/) 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. --- ## 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