Human Rights Commission – Fredericton, NB

Commission Overview and Mandate

The New Brunswick Human Rights Commission is an independent government agency established in 1967 to administer the Human Rights Act. As the oldest human rights commission in Canada, it plays a pivotal role in protecting the fundamental rights of all provincial residents. Its primary mandate is to enforce the Act by investigating complaints of discrimination and harassment in areas such as employment, housing, and public services. The Commission operates independently of the government of the day to ensure impartiality in its decision-making processes.

Protected Grounds and Jurisdiction

The Commission processes complaints based on 16 protected grounds, including race, ancestry, place of origin, colour, citizenship, creed, sex, sexual orientation, gender identity or expression, age, marital status, family status, and disability. A key aspect of its jurisdiction is the concept of ‘Social Condition,’ which protects individuals from discrimination based on their source of income, occupation, or level of education-a distinct feature of New Brunswick’s legislation. The Commission’s authority extends to all provincially regulated employers, service providers, and landlords.

The Complaint Process

The dispute resolution process is structured to be accessible and restorative:

• Triage and Inquiry: Individuals who believe their rights have been violated can contact the Commission. Staff conduct an initial analysis to determine if the issue falls within the Commission’s jurisdiction.
• Investigation: If a formal complaint is filed, the Commission notifies the respondent. An impartial investigation ensues, where evidence is gathered from both parties.
• Mediation: At any stage, the Commission offers voluntary mediation services to help parties reach a mutually acceptable settlement without a formal ruling.
• Referral to Tribunal: If a complaint cannot be resolved and has merit, the Commission may refer the matter to the Labour and Employment Board of New Brunswick. This independent tribunal holds public hearings and has the power to issue binding legal orders and award damages.

Education and Prevention

Beyond enforcement, the Commission has a statutory duty to promote equality through education. It publishes guidelines on the ‘Duty to Accommodate’ in the workplace and conducts workshops for employers and community groups. These educational initiatives are designed to prevent discrimination before it occurs by fostering a culture of respect and inclusion across the province.