New Brunswick
In this section, we explore human rights, particularly the right to equality and non-discrimination, in New Brunswick. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Human Rights in New Brunswick
New Brunswick Human Rights Act
The New Brunswick Human Rights Act provides protection against discrimination for all individuals in New Brunswick.
The Act prohibits discrimination based on gender identity or expression, sexual orientation, race, colour, national origin, ancestry, place of origin, creed or religion, age, physical disability, mental disability, marital status, family status, sex, social condition, and political belief or activity.
These prohibited grounds of discrimination apply namely in the following five areas:
(1) employment (2) housing and sale of property (3) accommodation and services (4) notices or signs (5) by a professional, business or trade association.
The Act also provides protection against retaliation for individuals who have filed a complaint with the New Brunswick Human Rights Commission.
Process at the New Brunswick Human Rights Commission
1 / If you believe you are a victim of discrimination, you can file a complaint with the New Brunswick Human Rights Commission.
IMPORTANT: A complaint must be filed within one year of the alleged discrimination.
2 / When a complaint is filed, the Commission reviews it to determine whether to accept or reject it.
If the complaint is accepted, the Commission will first attempt to help the parties reach an amicable resolution through mediation. If mediation is not accepted or fails, the respondent is required to submit a written response to the complaint. The Commission may then decide to dismiss the complaint, send it for mediation, or launch an investigation. If the complaint is referred for investigation, the investigator may either dismiss the complaint or refer it to the New Brunswick Labour and Employment Board for a hearing.
Procedure within the Labour and Employment Board:
1 / No Direct Access to the Labour and Employment Board:
Individuals cannot file a complaint directly with the Labour and Employment Board. Complaints must first be submitted to the Human Rights Commission, which may then refer the complaint to the Labour and Employment Board.
2 / Role of the Labour and Employment Board as a Board of Inquiry:
When a complaint under the Human Rights Act is referred to the Labour and Employment Board by the Human Rights Commission, the Labour and Employment Board serves as a board of inquiry. In this capacity, it conducts formal hearings and issues necessary orders.
What Types of Reparations Are Possible?
The New Brunswick Labour and Employment Board can order various forms of reparation. These may include: requiring the offender to pay financial compensation to the victim for expenses or lost wages resulting from discrimination, or as compensation for harm to their dignity, emotions, or self-esteem, ordering the offender to cease any discriminatory actions, mandating corrective measures to repair damages caused by discrimination, or reinstating the victim in the position they were removed from.