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

> URL: https://www.aftermetoo.com/article/how-to-decide-whether-to-file-a-human-rights-complaint/qc/  
> Language: en  
> Description: In Quebec, 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 **Commission des droits de la personne et des droits de la jeunesse** and **what it does**

The [Commission des droits de la personne et des droits de la jeunesse](https://www.cdpdj.qc.ca/en/our-services/about-us)(CDPDJ) is an administrative body that deals with cases of discrimination under the [Charter of Human Rights and Freedoms](https://www.legisquebec.gouv.qc.ca/en/document/cs/C-12). Discriminatory harassment, which includes sexual harassment, is prohibited under the charter.

The commission’s job is to resolve complaints. If your complaint falls within its jurisdiction, it will accept it for evaluation. Then it will encourage you to try to settle the complaint through mediation. If that isn’t successful, a further investigation may follow. After this, if the commission finds your complaint is supported by the evidence, it can recommend remedies. If the respondent doesn’t comply, your complaint could be referred to a court or to the [Human Rights Tribunal](https://tribunaldesdroitsdelapersonne.ca/en/). A commission lawyer may represent you before the tribunal free of charge. If the tribunal decides you were harassed, it may order the other party to make amends in some way. 

## **Facts**about the Commission des droits de la personne et des droits de la jeunesse

- In 2023-24, 2,200 complaints regarding human rights were made to the commission. Just under half of these resulted in files being opened.
- In 2023-24, the commission considered 28 human rights complaints from people who said they had been discriminated against on the basis of sex, sexual orientation or gender expression in a work context. These made up 7% of all the new labour cases. 
- 20% of complaints went to mediation in 2023-24; two-thirds were successfully resolved. 
- A quarter of cases at the commission are closed because they have missed a deadline, been abandoned, or settled outside the commission process.  
- More than 80% of complaints are processed in 15 months or less. 
- About 1% of complaints are heard by the Human Rights Tribunal.
- Sources: [CDPDJ 2023-24 annual report](https://www.cdpdj.qc.ca/fr/nos-services/activites-et-services/rapport-annuel-2023-2024) (French), [Human Rights Tribunal 2024 annual report](https://tribunaldesdroitsdelapersonne.ca/fileadmin/tribunal-droits-personne/pdf/rapports-activites/TDP_Rapport_2024_web_version_finale.pdf) (French)

## 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 your job back or get a reference for a new one.
- You could request that your workplace make changes that would affect everyone there, not just you.
- It is possible you might get some money to recognize the harm you suffered from the harassment.

## How to **make a complaint** to **the commission**

You can file a complaint [online](https://plainte.cdpdj.qc.ca/fr). First, consult the Commission des droits de la personne et des droits de la jeunesse website for [detailed information](https://www.cdpdj.qc.ca/fr/porter-plainte/je-veux/porter-plainte-pour-discrimination-ou-harcelement) about the process of applying and how complaints are dealt with.

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 **accept your application?**

- You should file your complaint as soon as possible. The commission will refuse your case if the harassment took place more than three years ago.
- You can file a complaint with the commission if you work in Quebec or if the harassment happened in Quebec, 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 must make your complaint through your union. See [Working with your union](https://www.aftermetoo.com/article/working-with-your-union/). You’re covered if you are non-unionized, temporary or permanent, a volunteer, an intern, an independent contractor, a tourist, or undocumented. 
- Once the commission receives your complaint, it will be assessed within about four weeks. Fewer than 50% of complaints result in a file being opened.

Important

It is common for the commission to dismiss complaints. Your complaint could be dismissed because it was filed too late, because it’s outside of the tribunal’s jurisdiction, because it is already being handled in another forum, or because the commission believes you have no reasonable chance of succeeding. It’s important to be careful when you’re filling out your complaint, so it doesn’t end up just getting dismissed.

## How **mediation works**

If the commission accepts your complaint, you and the respondent—the person your complaint is about—will be strongly encouraged to participate in mediation. This involves you and the respondent finding a solution to your complaint—something you both agree to.

The commission will assign you a mediator, who will first meet with you and the respondent separately to explain how the process works. Then they bring everyone together in a respectful, informal environment where you and the respondent can explain your point of view on what happened. The goal is to reach an agreement that satisfies both parties. You may bring a lawyer or other support person to this meeting, but they can only offer you advice, not advocate for you.

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 Charter of Human Rights and Freedoms*.*

## For **more information**

To learn more about what will happen during mediation, read the commission’s [description of the process](https://www.cdpdj.qc.ca/en/our-services/activities-and-services/mediation) and its [brochure](https://cdpdj.qc.ca/storage/app/media/publications/leaflet_mediation.pdf) on the subject.

## **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.

## 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 the agreement doesn’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 have to be trained about. 

## Beyond **mediation**

If you and the respondent can’t come to an agreement through mediation, the next stage is investigation. First, the investigator reviews relevant documents and gathers information by interviewing the parties involved and any witnesses. You may have a lawyer or other supportive person assist you. At any time during this phase you and the respondent can choose to settle the complaint or close the case. 

The investigator writes a report summarizing the evidence. They share this with you and the respondent and submit it to the complaints committee, which is made up of three commissioners. 

If the committee finds that your complaint is supported by the evidence, it determines the appropriate remedy or remedies. These could include financial compensation and/or requiring the respondent to put an end to the behaviour. When a respondent doesn’t comply, the case could be referred to the courts or the Human Rights Tribunal for enforcement. If this occurs, the commission may represent you for free, though very few cases reach this point: in 2023-24, only 10 were determined by a court. 

## For **more information** 

The commission’s website includes a section that outlines the [investigation process](https://www.cdpdj.qc.ca/en/our-services/activities-and-services/investigations-human-rights).

## Legal **help**

Having legal advice during the commission process could be helpful. Here are some places that offer free or lower-cost legal services:

- You may be eligible for legal aid ([Commission des services juridiques](https://www.csj.qc.ca/commission-des-services-juridiques/)) if your income is low. In 2025, a single person’s gross income had to be under $29,300 to be able to access this service.
- The Quebec Help and Information Center on Sexual Harassment in the Workplace ([GAIHST](https://www.gaihst.qc.ca/home)) supports people who have been subjected to sexual and/or psychological harassment at work. It can provide advice and, in certain circumstances, support or assistance with legal claims.
- [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 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.

For advice on hiring a lawyer, see [How to find and work with a lawyer](https://www.aftermetoo.com/article/how-to-find-and-work-with-a-lawyer/).

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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