Nova Scotia
In this section, we explore human rights, particularly the right to equality and non-discrimination, in Nova Scotia. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Nova Scotia Human Rights Act
The Nova Scotia Human Rights Act provides protection against discrimination for individuals in Nova Scotia.
The Act prohibits discrimination based on age, race, colour, religion, creed, sex, sexual orientation, gender identity, gender expression, physical disability or mental disability, irrational fear of contracting an illness or disease, ethnic, national or aboriginal origin, family status, marital status, source of income, political belief, affiliation or activity, and association with a person who has one or more of these characteristics.
These prohibited grounds of discrimination apply namely in the following areas:
The provision of or access to services or facilities, accommodation, the purchase or sale of property, employment, volunteer public service, publishing, broadcasting, advertising, and membership in a professional association, business or trade association, employers' organization, or employee's organization.
After receiving a complaint, the Commission decides whether to accept or reject it.
If the complaint is accepted, it is assigned to a Human Rights Officer for investigation. After the investigation, the officer recommends either dismissing the complaint or referring it to an independent Human Rights Board of Inquiry.
If the complaint is referred to a Board of Inquiry: the parties may submit written arguments.
The commissioners review the complaint, the investigation, and the parties’ submissions.
They may decide to proceed with the Board of Inquiry or send the case back to the Human Rights Officer for further information.
If a Board of Inquiry is convened, its members will hold a public hearing and issue a final decision on whether discrimination occurred.
Throughout the process, the Commission encourages settlement conferences to facilitate an amicable resolution.
Process in Case of Complaint Dismissal
If a complaint is dismissed at any stage of the Nova Scotia Human Rights Commission’s process, internal review mechanisms are available to challenge the decision.
If the internal review process is not satisfactory, it is still possible to request a judicial review from the Supreme Court of Nova Scotia.
For More Information on Judicial Review, Visit:
What Types of Reparations Are Possible?
If the Human Rights Board of Inquiry determines that discrimination has occurred, it may order the responsible party to comply with the Nova Scotia Human Rights Act and remedy the harm caused to the victim. This may include financial compensation to the victim for damages suffered.
What If You Disagree with the Decision of the Human Rights Board of Inquiry?
A final decision made by the Human Rights Board of Inquiry can be challenged by filing an appeal with the Nova Scotia Court of Appeal.
However, the Court of Appeal can only review errors of law—meaning it will assess whether the law was correctly applied and interpreted in the decision, but it will not reassess the facts of the case.