Frequently asked questions
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The Commission has closed my complaint about discriminatory language. What can I do now?
If we have closed your complaint, you may be able to take your case to a different legal authority. Every situation is different. A civil rights lawyer can analyze your specific situation to determine whether it can be brought to court.
The limitation period is suspended from the time you file a complaint with the Commission until the moment you are notified that your file was closed. This means that the time during which your file was open with the Commission does not count toward your deadline for taking civil action for that situation. Your deadline for taking a different form of legal action therefore depends on how much time passed between the date when the situation occurred and the date when you filed your complaint with the Commission.
For more information :
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What happens if someone oversteps the limits of their freedom of expression?
If someone uses their freedom of expression to target your personal characteristics and prevent you from exercising your rights, you can file a complaint with the Commission, and we will assess whether we can accept it.
If we cannot accept your complaint, you may still be able to take action against the person. For example, if they have committed a crime, such as incitement of hatred, you could file a police report.
Other remedies may also be available, depending on the situation. See: Impacts for victims of offensive language.
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What changed when Mike Ward won his freedom of expression Supreme Court case?
The Supreme Court’s decision in the Mike Ward case clarified that simply being hurtful or offensive is not enough to limit someone’s freedom of expression. The Court established specific criteria to determine when language crosses the line into discrimination. These criteria must now be applied to all cases of hurtful or offensive language, regardless of which personal characteristic it targets.
The Court’s decision did not change anything about discriminatory harassment law.
Discriminatory harassment is still prohibited and can take many forms, including language, like offensive words, insults and threats, and actions, like assault, hurtful caricatures and offensive graffiti. Usually, repetition is what makes insulting comments and behaviour into harassment. But there are situations where a single serious action can constitute harassment.
Learn more: Impacts of the Supreme Court decision in the Mike Ward case.