Filing a discrimination complaint with the New Brunswick Human Rights Commission (NBHRC) is completely free. The government covers the costs of investigating and mediating your case, though you will have to pay if you choose to hire a private employment lawyer to represent you.
Experiencing discrimination or harassment at work is incredibly stressful, and the fear of expensive legal bills stops many people from seeking justice. Whether you were fired due to a medical disability in Moncton or faced racial harassment at a job in Fredericton, you should not have to empty your savings account to defend your basic human rights. 💔
In New Brunswick, the system is intentionally designed to be accessible to everyone. The New Brunswick Human Rights Commission is a publicly funded agency. Their mandate is to enforce the Human Rights Act, meaning they handle the intake, investigation, and potential mediation of your complaint without charging you a single cent.
Step-by-Step Process in New Brunswick
While the government handles the heavy lifting, the process requires your active participation. You must submit your evidence clearly and follow the Commission’s procedural rules. 📍
Step 1: Submitting the Initial Inquiry
The first step costs nothing but your time. You will need to contact the Commission and complete a formal complaint form. You must clearly explain how you were treated differently based on a protected ground, such as your sex, religion, race, or physical disability. A compliance officer will review your form to ensure it falls within their legal authority.
Step 2: Participating in Free Mediation
If your complaint is accepted, the Commission strongly encourages both you and your employer to attempt mediation. 🖥 A trained, neutral mediator provided by the province will work with both sides to try and reach a fair settlement. This service is completely free and often results in a financial payout or a signed reference letter without the need for a stressful public hearing.
Step 3: The Board of Inquiry Hearing
If mediation fails and the Commission’s investigation finds merit in your claim, your case may be referred to a formal Labour and Employment Board acting as a Human Rights Board of Inquiry. The Commission’s own legal counsel will present the case before the adjudicator. You do not strictly need to pay for your own lawyer at this stage, though many complainants feel more secure having independent legal advice.
How Much Does it Cost in New Brunswick?
While the government services are free, utilizing private legal support will incur costs. 💰
- NBHRC Services: Filing the complaint, the investigation, and the mediation sessions are 100% free of charge for residents of New Brunswick.
- Private Lawyer Consultations: If you want an employment lawyer to review your complaint before you submit it, expect to pay between $250 and $450 CAD for an initial consultation.
- Contingency Fees: Some human rights law firms may offer to represent you on a contingency basis. This means they charge no upfront fees, but will take roughly 25% to 35% of your final settlement.
How Long Does the Process Take?
Because the service is free and publicly funded, the Commission handles a massive volume of complaints, leading to significant wait times. ⌚
| Stage of Complaint | Estimated Timeline |
|---|---|
| Initial Review and Acceptance | 1 to 3 months after filing |
| Scheduling Mediation | 3 to 6 months |
| Full Investigation & Board of Inquiry | 1 to 3+ years |
Frequently Asked Questions (FAQ)
Do I absolutely need a lawyer to file a complaint?
No. The system is designed for self-represented individuals. You can file the paperwork and attend mediation entirely on your own. However, human rights law can be complex, so consulting a lawyer to understand the true value of your case is highly recommended.
Will my employer have to pay my lawyer’s fees if I win?
In the New Brunswick human rights system, adjudicators rarely order the losing employer to cover your private legal fees (costs). Any money you spend on a private lawyer generally comes out of your own pocket or your final settlement.
What happens if the Commission dismisses my case?
If the Director dismisses your complaint for lack of evidence, you do not owe the Commission any money. You will simply receive a written decision explaining why they closed the file.
Can I sue my employer in court instead?
If you were wrongfully dismissed alongside facing discrimination, you can choose to file a civil lawsuit at the Court of King’s Bench. However, civil court involves expensive filing fees and lawyer retainers, whereas the NBHRC route is financially risk-free.
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