# How to decide whether to file a human rights complaint (PE) > URL: https://www.aftermetoo.com/article/how-to-decide-whether-to-file-a-human-rights-complaint/pe/ > Language: en > Description: In Prince Edward Island, 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 **PEI Human Rights Commission** and **what it does** If you’ve been sexually harassed, you may be able to file a formal complaint with the [PEI Human Rights Commission](https://www.peihumanrights.ca/home). One law that protects you from discrimination is the PEI [Human Rights Act.](https://www.princeedwardisland.ca/sites/default/files/legislation/H-12%20-Human%20Rights%20Act.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. If it is, commission staff encourage parties to reach a settlement through dispute resolution; if that’s not successful, they may investigate the issues. The commission staff may recommend a complaint for a hearing; when that happens, the case will then go to the PEI Human Rights Commission Panel. 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. But in reality, that almost never happens. Complaints are much more likely to closed at the commission level than referred to the human rights panel for a decision  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 mediation process could be right for you. ## **Facts**about the PEI Human Rights Commission - In 2023-24, 7% of complaints filed with the commission were by people saying that they have been sexually harassed. - The****majority of complaints to the commission never get decided by the commission’s Human Rights Panel. In 2023-24, one complaint involving sexual harassment was referred to the panel. - About 25% to 30% of complaints are resolved through some type of settlement, including mediation. - Between 2013 and 2023, the panel only ruled on one complaint involving sexual harassment; it found in favour of the person who filed the complaint.  - Sources: [PEI Human Rights Commission](https://www.peihumanrights.ca/index.php/about-us), [PEI Human Rights Commission Annual Report 2022-23](https://www.peihumanrights.ca/sites/www.peihumanrights.ca/files/1.%20PEI%20Human%20Rights%20Annual%20Report%202022-2023%20-%20English.pdf). ## 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: - 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** To start the process of filing a complaint, first check the [Am I in the Right Place](https://www.peihumanrights.ca/index.php/complaint-process/am-i-in-the-right-place) page of the commission’s website to see if your complaint is covered by the [PEI Human Rights Act](https://www.princeedwardisland.ca/sites/default/files/legislation/H-12%20-Human%20Rights%20Act.pdf) or call the commission (902-368-4180)—staff can explain what the law is and how it might apply to your situation. If it seems that you have been discriminated against, then complete the complaint form, which is included in the [Complaint Form and Guide](https://www.peihumanrights.ca/sites/www.peihumanrights.ca/files/Complaint%20form.pdf) document on the commission’s website. Once you’ve filed a complaint, a commission staff member might contact you for more information or to clarify what you’ve said on the form. 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](https://www.aftermetoo.com/article/how-to-report-sexual-harassment-to-your-employer/pe/). ## Will **the commission accept your complaint?** - You have one year from when the harassment happened to file your complaint 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 PEI or if the harassment happened in PEI, 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.  - In 2023-24 about 30% of cases were dismissed by the commission without a finding of discrimination for reasons such as they’re not being in the commission’s jurisdiction or the deadline for filing had passed. ## How **mediation works** If both you and the respondent—the person your complaint is about—agree, you can take part in mediation to try to settle your complaint. This process might involve the mediator working with you and the respondent individually to assist you both to work toward a settlement by phone, email or in person. The mediator can also use a more formal, structured process. It is a way of encouraging the parties to settle their dispute without a formal investigation taking place, which could result in your complaint being dismissed.  Mediators are experts in dispute resolution and human rights law who listen to you and the respondent and work with both of you to come to a settlement. They’re not supposed to pick a side, and they aren’t supposed to favour either you or the respondent. The purpose of this process is not to determine whether you were sexually harassed according to the Human Rights Act*.*  Early settlement is encouraged but mediation can happen at any time before there’s a decision by the Human Rights Panel after a hearing.  ### For more information To learn more about what will happen during mediation, read the commission’s [description of mediation and settlement.](https://www.peihumanrights.ca/complaint-process/conflict-resolution-mediation-and-settlement) ## **Pros and cons** of **mediation** ### Pros - The mediation 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.  - 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 could go on to the investigation stage. ### Cons - 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. - Your complaint can be dismissed if you refuse what commission staff believe is a fair and reasonable settlement offer.  ## 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. - A change at the workplace, like including a sexual harassment section in the policies handbook - Your employer having to participate in an education session 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 cases agreements don’t involve money at all; instead, the respondents are ordered to do things like take human rights training or create a human rights policy that all managers would have to be trained about. Where there is a financial settlement for emotional harm, it is usually quite modest: an award above $10,000 is uncommon. ## If **early mediation isn’t successful** If you and the respondent aren’t able to reach a settlement, the respondent may ask the executive director to rule on whether the settlement offer they’ve made is fair and reasonable. When the executive director says it is, cases are closed. Otherwise, the file moves to the investigation stage. This involves your and the respondent’s documents being considered; witnesses could also be questioned. After investigation, a complaint might be referred to the panel, although this hardly ever happens with sexual harassment cases.   ## 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 contact the [commission](https://www.peihumanrights.ca/contact-us). Staff are trained to help you with the process. - [RISE](https://www.risepei.com/) provides up to four hours of free legal advice and support to eligible people who have experienced sexual violence, intimate partner violence or workplace sexual harassment. - [211 PEI](https://pe.211.ca/) 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. - [JusticeNet](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 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