Indigenous peoples

How to describe discrimination in a complaint

Last updated: May 21, 2025

Page contents

How to describe discrimination in a complaint

A complaint must set out facts that could be discrimination. A complaint must identify three things:

  1. Grounds of discrimination / personal characteristics
  2. Negative effect / adverse impact
  3. Facts that show a connection between negative effect and personal characteristics

1. Grounds of Discrimination / Personal Characteristic

The Human Rights Code protects people based on personal characteristics.

Examples: sex, disability, Indigenous identity.

Indigenous identity means First Nations, Métis, or Inuit.

The complaint form lists the protected characteristics. The personal characteristic is also called the ground of discrimination.

You must select the grounds that apply to your case in the complaint form.

For example, an Indigenous mother may select Indigenous identity, sex, and family status.

Gladys Radek faced discrimination as an Indigenous person with a disability. See: Radek v. Henderson Development (Canada) Ltd. (No. 3), 2005 BCHRT 302 at para. 464.

The Tribunal explained that Gladys Radek’s case involved intersecting grounds. 

2. Negative Effect / Adverse impact in a protected area

The Human Rights Code protects people in certain areas.

The complaint form lists the areas. If you complete a complaint form, you will select the area that applies to your case.

A complaint must describe

  • the respondent’s conduct and
  • how the conduct had a negative effect on the complainant.

A negative effect is also called an adverse impact.

Be specific about:

  • what the respondent said or did or did not do
  • when and where the conduct occurred
  • the effect on you

3. Connection

A complaint must show how the negative effect on you is connected to your personal characteristic(s).

Or how your personal characteristic(s) “was a factor” in the negative effect you experienced.

The personal characteristic does not need to be the only factor or the most important factor. A complainant does not need to show that the respondent meant to discriminate. Often, discrimination is not intended.

There are two main types of connection.

First, a rule or action can affect a person based on their personal characteristic. Here are examples of how to show this kind of connection:

  • My landlord has a rule against smudging. This affects me as an Indigenous person because smudging is an Indigenous practice.
  • The employer has a height rule. This affects me as a woman because the rule disqualifies more women than men.
  • The taxi company did not allow a guide dog. This affected me as a blind person who has a guide dog.
  • The child protection agency did not give me information about my children when I asked. This affected me as an Indigenous parent. I have an increased need for that information due to inter-generational trauma. 

Second, a respondent might consider a person’s personal characteristic. Remember:

  • A respondent does not have to intend to discriminate.
  • Discrimination could even be subconscious.
  • The personal characteristic only needs to be one factor or consideration.

You must say more than you believe the respondent considered your personal characteristic. You will need to explain the reasons for your belief. What happened that shows the connection?

Sometimes, what happened easily shows a connection.

For example:

  • The landlord said they will not rent to Indigenous people.
  • My employer made negative comments about Indigenous people most days. They said … [identify the employer’s words].

In most cases, the connection is more subtle. The complaint must describe how what happened can suggest Indigenous identity was considered.

For example:

  • A respondent might treat an Indigenous person differently than non-Indigenous people.
  • A respondent might treat an Indigenous person poorly for no clear reason. This could suggest that the reason is their Indigenous identity.

Often, you are explaining how the respondent acted on stereotype.

Here are examples of what a complaint could say:

  • The store refused me service after I showed my status card. There was no other reason to refuse me service. This is an example of stereotyping Indigenous people as suspicious.
  • My employer disciplined me for not meeting production targets. They did not discipline my non-Indigenous co-workers who did not meet production targets. This is an example of stereotyping Indigenous people as lazy.
  • The police stopped me, shoved, handcuffed, and searched me when there was no reason to do so. This is an example of stereotyping Indigenous people as criminals.

Some anti-Indigenous stereotypes are well known. A complainant does not need to prove known stereotypes. The Tribunal understands these stereotypes. It will consider whether they might apply to your situation. You should identify the stereotype that you think applies.

See cases and reports that recognize anti-Indigenous stereotypes.

You can also identify if your situation is a common one for Indigenous people. Society’s attitudes, rules, and structures may disadvantage certain groups of people. The result is called systemic discrimination. Indigenous people face systemic discrimination.

For example, in the policing example above, the complainant might say:

  • The police stopped me, shoved, handcuffed, and searched me when there was no reason to do so. This is an example of stereotyping Indigenous people as prone to criminality. The context for this conduct is the over-policing of Indigenous people. Indigenous people are disproportionately affected by street checks.

Systemic discrimination is not enough on its own to prove discrimination. But it can help to explain the connection between Indigenous Identity and poor treatment.

See cases and reports that recognize systemic discrimination against Indigenous people.

Indigenous peoples