HUMAN RIGHTS
administrative law
Provincial and federal human rights systems are crucial systems, in place to hold individuals and organizations accountable for discriminatory actions and practices. PATH has experience in submitting federal and provincial human rights complaints against institutions, especially as it relates to racial discrimination.
Should I submit a Human Rights complaint or a lawsuit?
The major difference between a human rights complaint and a lawsuit are the potential outcomes. Both human rights mechanisms and filing a lawsuit may result in financial compensation. However, greater financial compensation may be ordered through pursuit of a lawsuit. Another outcome to consider is the benefit for future people. Human rights complaints (even if unsuccessful) provide a human rights commission with data about what kinds of discrimination, and by who are occurring which helps in the creation of programs and policies.
Consider which type of outcome you are seeking and contact us today for a consultation to determine your best plan of action.
The Process
COMPLAINT SUBMITTED
A complaint is made by an affected individual(s) to the provincial or federal Human Rights Commission.
MERIT ASSESSMENT
The Human Rights Commission will determine whether the complaint has merit and if it does, they will proceed with an investigation.
DISPUTE RESOLUTION
The Human Rights Commission will attempt dispute resolution between the individual who complained and the individual or organization complained against. If dispute resolution is successful, the process ends here.
INTERNAL INVESTIGATION
If dispute resolution is not successful, the Commission will continue to investigate. The Commission may refer the matter to a Board or Tribunal for a public hearing.
PUBLIC HEARING
If the complaint is referred to a Board or Tribunal, they will hear evidence and argument submissions from each party, followed with a final determination being made about whether discrimination occurred and what remedy is appropriate.
Possible Remedies
A remedy agreed to by both parties through informal resolution.
The Human Rights Tribunal or Board orders financial compensation for harm committed.
The Human Rights Tribunal or Board orders compliance with the Human Rights Act (NS) or Canadian Human Rights Act. Where applicable, this will include ordering the discriminating party to give access to denied benefits, or ordering appropriate accommodation.
How PATH can help
PATH can provide summary advice to a person who is contemplating or has filled out a human rights complaint form
PATH can provide assistance filing a complaint
PATH can provide legal assistance and representation throughout the complaint process.
PATH can provide legal representation at a public hearing.
PATH can translate a human rights complaint into a civil lawsuit
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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We will work closely with you to develop a customized payment structure that accommodates your circumstances, ensuring access to quality legal services without compromising your financial well-being.
Practicing lawyers
Jessica Rose
Managing Lawyer
Emma Arnold
Staff Lawyer