Manitoba
In this section, we explore human rights, particularly the right to equality and non-discrimination, in Manitoba. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Manitoba Human Rights Code
The Manitoba Human Rights Code protects individuals in Manitoba from discrimination.
Discrimination is prohibited based on the following grounds: Ancestry (including colour and perceived race); Nationality or national origin; Ethnic background or origin; Religion or creed (including religious belief, religious association, and religious activity); Age; Sex (including sex-determined characteristics or circumstances, such as pregnancy); Gender identity; Sexual orientation; Marital or family status; Source of income; Political belief (including political association and political activity); Physical or mental disability (including related characteristics or circumstances; such as the use of a wheelchair or a service animal), and social disadvantage.
These prohibited grounds of discrimination apply namely in the following areas:
employment, services, accommodations, facilities, goods, rights, permits and licenses, benefits, programs, or privileges that are available or accessible to the public, contracts offered to the general public or a segment of the public, unions, employer associations (professional or commercial), rental of residential or commercial properties, purchase of real estate (residential or commercial), and publicly displayed signs, symbols, notices, or statements.
When a complaint is received, the Commission conducts a preliminary assessment to determine its admissibility.
If the complaint is accepted, the Commission then investigates the case. Following the investigation, the Commission decides whether to dismiss the complaint or refer it to a member of the Manitoba Human Rights Adjudication Panel for a final decision. At various stages of the complaint process, mediation is encouraged and offered by the Commission to help reach an amicable resolution.
IMPORTANT: A complaint must be filed with the Commission within one year of the alleged discrimination. In cases of ongoing discrimination, the one-year period is counted from the date of the last discriminatory incident.
Manitoba Human Rights Commission
If a person believes they have been a victim of discrimination under the Manitoba Human Rights Code, they can file a complaint with the Manitoba Human Rights Commission. The Commission is responsible for enforcing and promoting the Manitoba Human Rights Code. It operates independently from the government.
What If the Complaint Is Dismissed?
If the Commission dismisses the complaint either at the preliminary stage or after an investigation, it is possible to request a review of this decision within 30 days of receiving the notice of decision.
The chairperson of the Commission appoints a panel of three members to review the request for reconsideration.
The Manitoba Human Rights Adjudication Panel
The Manitoba Human Rights Adjudication Panel is an independent administrative tribunal composed of adjudicators appointed by the Lieutenant Governor in Council.
A complaint is referred to the Human Rights Adjudication Panel only if the Commission determines there is sufficient evidence of discrimination and the parties are unable to reach an amicable settlement. Therefore, it is not possible to bring a matter directly before the tribunal. During the hearing, the adjudicator listens to the parties to determine whether the complaint is substantiated. The Commission participates in the hearing as an independent party, aiming to prove the complaint. The Commission's counsel works closely with the Complainant, but both parties act independently.
While it is permissible for the Complainant to be accompanied by legal counsel at the tribunal, it is not mandatory.
For more information about the tribunal, see:
What Types of Reparations Are Possible?
If the adjudicator determines that the complainant was a victim of discrimination, they may order various reparations, including: requiring the Respondent (or the responsible party) to stop the discrimination and/or pay financial compensation to the Complainant. If the Respondent is an organization, ordering it to change its policies, mandating the Respondent to issue an apology to the victim, and/or implementing a social promotion program.
For More Information on Possible Remedies, Visit:
What If You Disagree with the Adjudicator’s Decision?
It is possible to challenge the adjudicator’s decision by requesting a judicial review from the Court of King's Bench of Manitoba.
IMPORTANT: The losing party has 30 days from the date they receive the adjudicator’s decision to file for judicial review with the Court of King's Bench.