Dealing with a human rights complaint can feel overwhelming, whether you’re the one filing the complaint or responding to one. In Ontario, the Human Rights Tribunal of Ontario (HRTO) handles claims related to discrimination, harassment, and violations of the Ontario Human Rights Code. The process involves strict deadlines, legal paperwork, and presenting strong evidence.

This is where a licensed paralegal can help. Paralegals are trained professionals who understand human rights law and can guide individuals through the complaint process, ensuring they present the strongest possible case.

If you’re facing a human rights issue and don’t know where to start, this guide will walk you through the complaint process and how a paralegal can assist you.

1. What Are Human Rights Complaints?

A human rights complaint is a legal claim made when someone believes they have been discriminated against or harassed in a protected area such as employment, housing, or services.

✅ Common reasons for human rights complaints:

• Workplace discrimination (e.g., being fired due to race, disability, or gender)
• Harassment (e.g., sexual harassment at work or in housing)
• Denial of services (e.g., being refused service due to a disability)
• Unequal treatment in housing (e.g., a landlord refusing to rent based on religion or family status)

📌 Important: The Ontario Human Rights Code only applies in certain situations—if your issue does not fall under the Code, the Tribunal may dismiss your claim.

For more details, check Ontario’s Human Rights Code.

2. How to File a Human Rights Complaint in Ontario

The Human Rights Tribunal of Ontario (HRTO) is responsible for handling human rights complaints. Here’s how the process works:

📌 Step 1: File an Application (Form 1)

• Complete the HRTO Application (Form 1) – Available here.
• Clearly state what happened, when, and why you believe it was discrimination.
• Submit the application online, by mail, or in person.

📌 Step 2: The Tribunal Reviews Your Application

• The HRTO checks if your complaint meets the legal criteria.
• If your application is incomplete or unclear, it may be rejected or returned for more information.

📌 Step 3: Mediation (Optional but Recommended)

• The HRTO may offer mediation, where both sides try to settle the dispute.
• Mediation can help avoid a full hearing and resolve issues faster.

📌 Step 4: The Hearing

• If no settlement is reached, the case proceeds to a formal hearing.
• Both sides present evidence, witnesses, and arguments.

📌 Step 5: The Tribunal Makes a Decision

• If the HRTO finds discrimination occurred, it may order compensation, policy changes, or reinstatement of employment.

For more details, check How to File a Human Rights Complaint.

3. How Can a Paralegal Help with a Human Rights Complaint?

📌 Human rights cases require strong legal arguments, deadlines, and proper evidence. A paralegal can:

✅ Assess if you have a valid case

• Not every negative experience qualifies as discrimination under the Human Rights Code.
• A paralegal can review your situation and determine if you have a strong claim.

✅ Help file your application correctly

• Many complaints are dismissed due to missing details or legal errors.
• A paralegal ensures your application is complete, clear, and legally sound.

✅ Represent you in mediation or hearings

• Mediation can be complex—a paralegal negotiates on your behalf.
• If your case goes to a hearing, a paralegal helps present strong legal arguments and evidence.

✅ Respond to a complaint if you’re an employer or landlord

• If you receive a complaint, ignoring it can result in legal penalties.
• A paralegal helps you respond properly, negotiate settlements, or defend yourself in a hearing.

For expert legal support, contact Carson Frankum for a consultation.

4. What Compensation Can You Receive from a Human Rights Case?

If the HRTO finds discrimination occurred, it can order financial compensation and other remedies.

✅ Possible outcomes include:

• Monetary compensation (for emotional distress, lost wages, or damages)
• Policy changes (e.g., requiring an employer to change workplace policies)
• Reinstatement (getting your job or housing back)
• Formal apologies from the offender

📌 Important: Compensation amounts vary based on the severity of discrimination and financial losses suffered.

For more, check HRTO decisions on past cases.

5. What If Your Human Rights Complaint Is Dismissed?

If your case is dismissed, you may be able to appeal the decision or file a reconsideration request.

✅ Options include:

• Filing a Request for Reconsideration with the HRTO
• Taking your case to the Divisional Court for Judicial Review
• Seeking legal advice on alternative legal actions

🚨 Appeals are complex, and deadlines are strict. A paralegal can help determine if an appeal is worth pursuing.

For appeal guidance, check What to Do If Your Human Rights Complaint Is Dismissed.

Final Thoughts: A Paralegal Can Make a Difference

Filing or defending a human rights complaint requires legal knowledge, strategy, and careful documentation. Mistakes in the process can lead to delays or case dismissals, which is why working with a licensed paralegal can make a huge difference in achieving the outcome you want.

📌 Key Takeaways:

• Human rights complaints are handled by the Human Rights Tribunal of Ontario.
• A paralegal ensures your case is legally sound and increases your chances of success.
• Remedies include compensation, policy changes, and reinstatement.
• If you’re facing a complaint, a paralegal can help defend or resolve the issue.

🚀 Need expert legal help? Contact Carson Frankum to discuss your human rights case today.