Saskatchewan
In this section, we explore human rights, particularly the right to equality and non-discrimination, in Saskatchewan. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Saskatchewan Human Rights Code
The Saskatchewan Human Rights Code guarantees various human rights protections for individuals in Saskatchewan, including the right to non-discrimination.
The Code prohibits discrimination based on religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race, receipt of social assistance, and gender identity.
These prohibited grounds of discrimination apply namely in the following areas:
Employment, education, residential or commercial housing, services, accommodations or facilities generally available to the public, contracts and the purchase of goods, and membership in professional associations and unions.
Saskatchewan Human Rights Commission
The Saskatchewan Human Rights Commission is responsible for promoting the principles of equality and freedom in dignity and rights without discrimination, fostering understanding and enforcement of the Human Rights Code, developing educational programs to eliminate discriminatory practices, and conducting research.
If discrimination occurs in violation of the Saskatchewan Human Rights Code, a complaint must be filed with the Saskatchewan Human Rights Commission.
The Commission also has the authority to initiate a complaint on its own if it has reasonable grounds to believe that an individual or group has violated the Code.
Process Once a Complaint is Filed
When a complaint is filed with the Saskatchewan Human Rights Commission, the Chief Commissioner may attempt to resolve the complaint by: referring the parties to mediation, negotiating an informal settlement, or investigating the complaint if mediation or settlement efforts fail. At any point after the complaint is filed, the Chief Commissioner may dismiss the complaint if they determine that it is unfounded or does not raise a significant human rights issue. If mediation or settlement efforts fail, and following an investigation, the Commission may: dismiss the complaint, refer the case back to mediation, refer the matter to the Court of King’s Bench, or handle the complaint in another appropriate manner.
If the case is referred to the Court of King’s Bench, a hearing is held in the judicial center closest to where the discrimination occurred. The Commission provides a lawyer free of charge to represent the complainant. At the conclusion of the hearing, the Court determines whether discrimination occurred and may order various forms of reparation if applicable.
What Types of Reparations Are Possible?
If the Court of King’s Bench determines that discrimination occurred, it may order various forms of reparation for the victim. This may include ordering the offender to stop the discriminatory behavior, restoring the victim’s rights, opportunities, and benefits lost due to the violation (such as reinstating them in their job), or compensating the victim for financial losses caused by the discrimination.
What If You Disagree with the Tribunal’s Decision?
If you do not agree with the decision of the Court of King’s Bench, you can file an appeal with the Court of Appeal for Saskatchewan.
IMPORTANT: It is essential to respect the prescribed deadlines for filing an appeal.