BOARD OF COMMISSIONERS’ POLICY version 1.0
This policy is intended to assist in the interpretation of reprisal, which is referred to in Section 20 of The Human Rights Code (The Code). Where there is any conflict between this policy and The Code, The Code prevails.
Section 20 of The Code protects individuals from acts of reprisal for participating in the enforcement of their rights under The Code in the context of employment, housing, services and contracts.
The Code prohibits retaliation or reprisal against any person who has:
• filed or may file a complaint under The Code; or
• laid or may lay an information under The Code; or
• made or may make a disclosure concerning a possible contravention of The Code; or
• testified or may testify in a proceeding under The Code; or
• participated or may participate in any other way in a proceeding under The Code; or
• complied with, or may comply with, an obligation imposed by The Code; or
• refused or may refuse to contravene The Code.
In examining complaints of reprisal, the Commission adopts the approach set out in First Nations Child and Family Caring Society of Canada et al v. Attorney General of Canada (for the Minister of Indian and Northern Affairs Canada) 2015 CHRT 14, which establishes that there must be a sufficient link between the alleged act of retaliation and the enforcement of the complainant’s rights under The Code.
“Yvonne Peters” April 6, 2016