The Canadian Human Rights Act (CHRA) strictly prohibits federally regulated employers and service providers from discriminating against any individual who has been granted a Record Suspension. This means federal entities cannot deny you a job, a promotion, or a service based on a pardoned criminal conviction.
Navigating life after receiving a Record Suspension is meant to be a fresh start. To ensure this fresh start is respected, the Canadian federal government enacted strong legal barriers against discrimination. The Canadian Human Rights Act (CHRA) is a powerful piece of federal legislation designed to ensure equal opportunity. Under the CHRA, having a pardoned criminal record is recognized as a protected prohibited ground of discrimination, sitting right alongside race, religion, and gender.
However, the CHRA does not apply to every business in the country. ⚠️ It specifically governs federally regulated sectors, meaning the protections apply to banks, airlines, telecommunications networks, interprovincial trucking companies, and federal government departments. If you have been treated unfairly by one of these institutions because of a suspended record, it is strongly advised to contact a dedicated human rights lawyer from our directory to help you launch a formal complaint.
Step-by-Step Process for Filing a CHRA Complaint in Canada
Filing a discrimination complaint against a massive federal employer or bank can feel intimidating. The Canadian Human Rights Commission (CHRC) handles these disputes through a structured, step-by-step investigative process.
Step 1: Identifying a Federally Regulated Entity
Before proceeding under the CHRA, you must confirm that the organization that discriminated against you falls under federal jurisdiction. 🔍 If you were denied a job at a local grocery store in Winnipeg, that is a provincial matter. If you were fired from a major Canadian bank in Toronto specifically because of a pardoned record, that falls directly under the federal Canadian Human Rights Act.
Step 2: Submitting the Initial Complaint
You have 12 months from the date of the discriminatory incident to file your complaint. You must submit a formal complaint form to the Canadian Human Rights Commission. In your submission, you must provide clear details showing that the employer knew about your past record, that you hold a valid Record Suspension, and that you suffered negative consequences as a direct result.
Step 3: Participating in Early Resolution and Mediation
The CHRC strongly encourages parties to resolve the issue before a long investigation begins. 🤝 An assigned mediator will contact you and the employer to see if a settlement can be reached. This could involve the employer offering you the job back, changing their discriminatory policies, or providing a financial settlement for the harm caused.
Step 4: The CHRC Investigation
If mediation fails, a human rights investigator will be assigned to your file. They will interview witnesses, request corporate HR documents, and gather evidence from both sides. The investigator will then write a report recommending whether the case should be dismissed or sent forward to the Canadian Human Rights Tribunal for a formal hearing.
Step 5: The Canadian Human Rights Tribunal
If your case proceeds to the Tribunal, it becomes a formal legal proceeding similar to a trial. 🏢 An administrative judge will hear arguments from your lawyer and the corporation’s legal team. If the Tribunal finds that the federal employer violated the CHRA by discriminating against your pardoned record, they can issue binding orders forcing the company to pay damages and alter their policies.
How Much Does it Cost to File a CHRC Complaint?
Accessing the human rights system is designed to be affordable, but professional legal representation carries standard costs. Here is a breakdown in Canadian dollars (CAD):
| Process / Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing the CHRC Complaint | $0 CAD | The government does not charge a filing fee |
| Law Firm Retainer | $2,000 – $5,000 CAD | To draft and submit a strong legal argument |
| Potential Tribunal Damages | $15,000 – $40,000+ CAD | Awarded to you if discrimination is proven |
| Record Suspension Application | $50 CAD | The fee paid to the Parole Board to get the pardon |
How Long Does the CHRC Process Take?
Seeking justice through federal human rights channels requires patience. If both parties agree to mediation, the dispute can sometimes be resolved within 4 to 6 months. However, if the corporation denies any wrongdoing and a full investigation is required, it can take 12 to 18 months for the investigator to complete their report. If the case goes to the Tribunal, the entire process can exceed two to three years.
Frequently Asked Questions (FAQ)
Does the CHRA protect me if my conviction is not pardoned yet?
No. The Canadian Human Rights Act specifically protects individuals who have already been granted a Record Suspension. If you have a criminal record and have not yet received a pardon, federal employers can legally deny you employment based on your background.
What is a bona fide occupational requirement (BFOR)?
A BFOR is a legally justified reason for an employer to discriminate. However, for a pardoned record, employers have an incredibly difficult time proving a BFOR because the government has already officially declared the individual rehabilitated and safe to reintegrate.
Can I be denied entry to the United States if I have a CHRA-protected pardon?
Yes. The CHRA is a Canadian domestic law. United States Customs and Border Protection (CBP) does not recognize Canadian pardons or Canadian human rights laws. You may still be denied entry to the US and require a US Entry Waiver.
Does the CHRA apply to local restaurants or retail shops?
No. Most standard businesses like local retail, restaurants, and construction companies are governed by provincial human rights codes, not the federal CHRA. Fortunately, most provincial codes offer similar protections for pardoned records.
Can I file a CHRC complaint without a lawyer?
Yes, the CHRC process is designed so that individuals can self-represent. However, because large federal corporations will have highly aggressive legal teams defending them, hiring your own employment or human rights lawyer is highly recommended for success.
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