Prince Edward Island
In this section, we explore human rights, particularly the right to equality and non-discrimination, in Prince Edward Island. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Prince Edward Island Human Rights Act
The Prince Edward Island Human Rights Act provides protection against discrimination for all individuals within the province. It prohibits discrimination based on specific grounds in designated areas and establishes the Prince Edward Island Human Rights Commission, defining its mandate, powers, and responsibilities.
*The Act lists the prohibited grounds of discrimination, meaning individuals cannot be treated differently based on:
Age, colour, race, ethnic or national origin, political belief; disability; family status; marital status; gender expression ; gender identity; creed ; religion; sex; sexual orientation; source of income; criminal record (in employment) and; having filed a complaint or given evidence/assistance under the Human Rights Act.
**These prohibited grounds of discrimination apply namely in the following areas:
Housing; Services and facilities accessible to the public; Employment; Rental or sale of real estate; Employee organizations; Professional or trade associations; Publications, broadcasts, public displays and advertisements, and; Volunteer work performed in a public function.
Prince Edward Island Human Rights Commission
If you believe you have been a victim of discrimination based on one or more protected grounds under the Prince Edward Island Human Rights Act, you must file a complaint with the Prince Edward Island Human Rights Commission. The Commission is responsible for protecting and promoting human rights within the province.
When a complaint is filed, the Commission determines whether it is admissible under the scope of the Prince Edward Island Human Rights Act.
If the complaint is accepted, it is sent to the respondent for a response, and the Commission encourages both parties to reach an amicable settlement. If no resolution is reached, an investigation is initiated. The investigator may dismiss the complaint, abandon it, or refer it to the Chair of the Commission for a hearing.
Once the hearing is completed, the Human Rights Panel, composed of one to three commissioners, issues a final decision.
Filing a Complaint with the Commission
In some cases, it is possible to file a complaint with the Commission on behalf of another person. However, the individual affected must authorize the Commission to proceed with the complaint under the conditions outlined in the Prince Edward Island Human Rights Act.
IMPORTANT: A complaint must be filed within one year of the alleged discrimination.
If the investigator decides to dismiss or abandon the complaint, the complainant may request a review by the Chair of the Commission. The Chair's decision can also be reviewed at the request of either party. In such cases, the Supreme Court of Prince Edward Island is responsible for conducting the review.
What Types of Reparations Are Possible?
If the Human Rights Panel determines that discrimination has occurred, it may order the responsible party to compensate the victim in various ways. Reparations may include ordering the cessation of discrimination, granting the victim the rights, opportunities, or privileges they were denied due to discrimination, providing financial compensation for lost income, wages, or expenses incurred as a result of discrimination, or compensating the victim for harm, distress, or humiliation caused by the discrimination.
What If You Disagree with the Commission’s Decision?
It is possible to challenge the decision of the Human Rights Panel by requesting a judicial review from the Supreme Court of Prince Edward Island.
However, the Court can only review errors of law—meaning it will assess whether the law was correctly applied in the decision but will not re-evaluate the factual conclusions made by the Panel.
IMPORTANT: The Complainant and the Respondent both have 30 days from the date they receive the Panel’s decision to file a judicial review request with the Supreme Court of Prince Edward Island.
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