Filing a Human Rights Complaint with the CHRC

If you believe you have been discriminated against by a federal organization in Canada, you can file a complaint with the Canadian Human Rights Commission (CHRC). Here is a step-by-step guide to the process.

Before You Start

Visit chrc-ccdp.gc.ca and click Make a Complaint.

Things to know

• You should file a complaint within 12 months of the act or treatment you are complaining about. The Commission does make exceptions.
• e.g. if you’ve applied for permanent residency two years ago and your application is still pending, you are within that 12 months.
• You can file a complaint on behalf of others as long as you have their consent.
• There is no fee to file a complaint.
• You do not need to hire a lawyer or get other legal assistance. However, if you decide to hire legal help, you are responsible for paying the associated costs.
• You can call the Commission and ask for help.
• The Commission is impartial. It does not take your side or the respondent’s. Though they will try their best to tire you and make you forget there was ever an issue.

Step 1: Initial Questions

The intake form walks you through a few screening questions:

1. I want to: Make a human rights complaint with the Commission
2. What happened? I did not receive a service
3. Who were you dealing with? Government of Canada Department, Crown corporation
4. Why do you think this happened? Select all (these are based on an internal report for this case):
5. My national or ethnic origin
6. My age
7. My sex
8. Where did this happen? Choose where you lived at the time or where you live now. It does not matter which.

Then click File my complaint and Start a new complaint.

Step 2: Complainant Information

• Who is the complainant: Me
• Fill in your contact information

Step 3: Location and Legal Status

• Where did the discrimination happen? In Canada
• Select your province and city of residence (then or now, does not matter)
• Provide your legal status in Canada when the discrimination happened

Step 4: Organization Details

• What kind of organization were you dealing with? Federal government department, agency, or crown corporation
• Is your human rights complaint related to your employment? No
• Consent to share your complaint with a provincial or territorial human rights agency: No
• Name of the organization you are complaining about: Immigration, Refugees and Citizenship Canada (IRCC) and Public Safety (PS) and Canada Border Services Agency (CBSA) and Canadian Security Intelligence Service (CSIS)
• Who is the head of the organization? Leave empty if unknown
• Your relationship with this organization: A Service Provider
• Do you have access to another federal complaint process? No
• Consent to share your complaint form with other federal agencies: Yes

Step 5: Timeline

• When did the discrimination start? Enter the date it happened (a rough date is fine)
• Is the discrimination ongoing?
• Yes if you are still under security screening
• No otherwise. Enter the date of your security clearance or when your status application got approved.

If your dates are old

If the start or end dates go back a long time, the form will ask: Why did you wait this long to file your complaint?

You can include reasons such as:

• I was afraid of further discrimination and retaliation.
• I was not aware of my rights and the HRC’s process until recently.
• It caused me significant emotional distress and trauma, making it difficult for me to come forward earlier.
• They were part of a larger, complex issue that took time to unravel.
• I attempted to address the issue through IRCC before deciding to file a complaint.
• I did not realize the full extent of the discrimination until I heard about it from other people in the same situation as me.

Step 6: Grounds of Discrimination

Why do you think this happened? Which prohibited grounds of discrimination were a factor?

• National or ethnic origin: Because I am Iranian
• Sex: Because I am male
• Age: Because I am between 22 and 60 years old

You can either be this Iranian male of that age or “related” to that.

Step 7: Describe the Treatment

• What is the negative treatment you are complaining about? I was denied a service
• Who was involved? IRCC, PS, CBSA, CSIS
• Were you treated differently than other people? Yes
• How? Please explain:

As a male Iranian individual who is [your age] years old, I was disproportionately targeted by IRCC’s security screening protocols, which led to an unwarranted and discriminatory referral to extra security screening, resulting in a significant delay in my immigration application, making it multiple times longer than other nationalities.

• When did it happen? Date of today or the date your security screening or application process was done.

Step 8: Describe the Harm

Explain how the treatment harmed you. Here are categories and examples you can draw from. Make this as personal as possible.

Emotional and Psychological Harm

• I experienced significant anxiety, stress, and uncertainty about my future in Canada, which affected my mental health and well-being.
• The delay caused me to feel isolated, anxious, and depressed, as I was unable to plan my life or make long-term decisions.
• I felt humiliated and stigmatized by the extra security screening, which made me question my own identity and sense of belonging in Canada.

Financial Harm

• The delay resulted in significant financial losses, as I was unable to work or access education and training opportunities in my field.
• I incurred additional expenses, such as legal fees, travel costs, and living expenses, while waiting for my application to be processed.
• The delay affected my ability to support my family, causing financial strain and uncertainty.

Social and Family Harm

• The delay caused me to miss important life events, such as family gatherings, birthdays, and weddings, which strained my relationships with loved ones.
• I was unable to reunite with my family members, who were waiting for me to join them in Canada, causing emotional distress and separation anxiety.
• The delay affected my ability to integrate into Canadian society, as I was unable to participate in social activities, volunteer, or engage in community events.

Opportunity Cost

• The delay caused me to miss out on education and training opportunities, which would have improved my skills and employability.
• I was unable to pursue job opportunities or advance in my career, which limited my earning potential and long-term prospects.
• The delay affected my ability to contribute to Canadian society, as I was unable to participate in meaningful ways or give back to my community.

Reputation and Dignity

• The extra security screening and delay caused me to feel like I was being treated as a suspect or a threat, rather than a legitimate immigrant.
• I felt that my dignity and reputation were damaged by the experience, as I was subjected to unnecessary scrutiny and suspicion.
• The delay affected my sense of self-worth and confidence, as I felt that I was not being treated fairly or with respect.

Step 9: Connection to Grounds

Why do you think this treatment is connected to the grounds you selected?

The parliamentary committee’s report clearly identify the connections. I am an Iranian male of age between 22 and 60, and my immigration application has taken much longer than other nationalities.

Step 10: Final Options

• Who will receive communication from the Commission about this complaint? Only me
• Do you need accommodation to participate in the Complaint Process? Yes or No depending on your needs
• Do you agree to participate in mediation? No (update: Initially we said yes and went to several rounds of mediation in which the IRCC just humiliated us and delayed the process even further)
• Do you agree to the Commission sending your complaint to the Tribunal, if appropriate? Yes
• Review the agreements and submit