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What does the New Brunswick Human Rights Commission do? The New Brunswick Human Rights Commission is the provincial agency charged with the administration and enforcement of the New Brunswick Human Rights Act. It investigates and conciliates complaints of discrimination and advances equality of opportunity through public education and community development activities, such as:
Please note also that the N.B. Human Rights Commission does not enforce the Canadian Charter of Rights and Freedoms (it is enforced by the courts) or the various international human rights instruments (since they are not Canadian laws, they cannot be enforced by the Canadian legal system).
Can it help me if I live outside New Brunswick? The New Brunswick Human Rights Commission cannot get involved in human rights issues outside New Brunswick, Canada. However, non-residents may file complaints about discrimination that they experienced within New Brunswick.
What is the New Brunswick Human Rights Act? The New Brunswick Human Rights Act is a provincial law that prohibits discrimination (inequality) in:
What types of discrimination does it prohibit? Not all types of discrimination are illegal. The New Brunswick Human Rights Act prohibits discrimination and harassment based on age, marital status, physical disability, mental disability, religion, race, color, national origin, place of origin, ancestry, social condition, political belief or activity, sexual orientation and sex, including pregnancy. Please note that it is illegal to discriminate against anyone because of their own personal characteristics, as well as because of the characteristics of the people with whom they are associated, such as the religion of a friend or spouse. Discrimination is prohibited even when it is based on mistaken perception, such as a mistake about a person's age or race. Here are some examples of illegal discrimination:
If I have been discriminated against, what can I do? Contact the New Brunswick Human Rights Commission office nearest to you and we will advise you whether a violation of the Human Rights Act may have occurred. If we cannot help you, you will be referred to an appropriate agency. Should you decide not to file a complaint, your inquiry will be kept strictly confidential. A complaint is a legal document; a special form must be completed and signed. Accordingly, it is not possible to file a complaint by email, phone or letter. However, if you phone us, our staff will help you complete the complaint form. There is no cost to filing a complaint, and you do not need a lawyer. Also, it is illegal to retaliate against someone because they have filed a complaint. You can withdraw a complaint at any time. However, in order to file a complaint, the incident must have occurred in New Brunswick, usually within the last year, and the complaint must be filed against an employer, service provider, owner, etc. under provincial jurisdiction. To file a complaint against the federal government or a business engaged in broadcasting, telecommunications, banking, cross-border transportation, railways, shipping or air travel, contact the Canadian Human Rights Commission. If you file a complaint with the New Brunswick Human Rights Commission, and it is not possible to resolve it, an officer will investigate it and submit a report on the evidence to both sides and the Commission. If there is sufficient evidence, the Commission will ask the officer to conciliate the dispute and try to negotiate a settlement satisfactory to both parties. Because every case is different, it is impossible to say how long this process will take. However, the Commission's goal is for an investigation report to be submitted within six months of the filing of a complaint, and for conciliation to be completed within a further six months. If a settlement cannot be negotiated, a Board of Inquiry may be appointed to hold a public hearing. If the Board finds that there has been a violation of the Act, it can order, for example, that:
If I file a complaint, will I lose my job? You don't have to give your name to discuss a problem with the Human Rights Commission, but you must give your name and sign a complaint form in order to file a complaint against someone. A copy of the form will then be sent to that person. Section 8 of the Human Rights Act prohibits retaliation against anyone who has filed a complaint, given evidence or assisted in the processing of a complaint. However, the effectiveness of this protection depends on the available evidence. If a person were laid off as a result of a complaint, we would need to prove that it was due to the complaint instead of a shortage of work, for example.
Will there be any publicity about my complaint? The Human Rights Conmission does not publicize complaints during the investigation and conciliation phases. It sometimes publicizes Board of Inquiry hearings, which are usually public and can involve quite a bit of publicity, but very few cases go as far as a Board of Inquiry. However, some people will inevitably find out about a complaint. The person or organisation against whom a complaint is filed is entitled to receive a copy of the complaint. Also, the Commission needs to speak and write to a number of people in order to investigate and conciliate the complaint. This will sometimes result in discussions within organisations, within families and within the community. It would be rare for businesses or groups to generate publicity about a complaint filed against them, since it is not to their advantage. However, the Commission could not stop them from doing this, at least not until a settlement agreement is reached. Settlement agreements nearly always include a non-disclosure clause, which is legally enforceable.
How do the Human Rights Act and Charter of Rights differ? The New Brunswick Human Rights Act is a provincial law adopted in 1967 that prohibits certain types of discrimination by private businesses as well as by the provincial and municipal governments. It is enforced by the New Brunswick Human Rights Commission. The Canadian Charter of Rights and Freedoms was included in Canada's Constitution in 1982. It requires that all governments in Canada respect certain fundamental freedoms as well as democratic, mobility, legal, equality, linguistic and aboriginal rights. The Charter is enforced by the courts, not by any government agency. To enforce your Charter rights, or to obtain information on the Charter, contact a lawyer.
What can I do to help eliminate discrimination? We can all play an important role in the promotion of equality of opportunity by:
Where can I get more information? For more information: |
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