As a civilian employee, you need to know your rights and recourse options if you think you have experienced discrimination, harassment or violence in a Department of National Defence (DND) workplace.

Your rights and the Canadian Human Rights Commission

The Canadian Human Rights Commission (CHRC) administers the Canadian Human Rights Act. This law protects people in Canada from discrimination.

Under the Act, there are 13 prohibited grounds of discrimination that affect your human rights.

Start with the internal grievance process

If you believe the DND has discriminated against you according to any of the 13 prohibited grounds of discrimination, start your pursuit of redress by following the DND’s internal grievance process.

Section 41 (1) of the Canadian Human Rights Act requires that you follow an internal grievance process before filing a complaint with the CHRC:

41 (1) Subject to section 40, the Commission shall deal with any complaint filed with it unless in respect of that complaint it appears to the Commission that

• (a) the alleged victim of the discriminatory practice to which the complaint relates ought to exhaust grievance or review procedures otherwise reasonably available;
• (b) the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided for under an Act of Parliament other than this Act;
• (c) the complaint is beyond the jurisdiction of the Commission;
• (d) the complaint is trivial, frivolous, vexatious or made in bad faith; or
• (e) the complaint is based on acts or omissions the last of which occurred more than one year, or such longer period of time as the Commission considers appropriate in the circumstances, before receipt of the complaint.

Filing a Canadian Human Rights Commission complaint

If you disagree with the results of your internal grievance, you may file a CHRC complaint. You must do so within one year of the last act of discrimination.

The CHRC may start by attempting to mediate a solution between you and the defendant. This process is voluntary for both parties, and you must both agree to it. It will allow you and the defendant to present your versions of events.

The CHRC may also decide to exercise mandatory conciliation. Following this process, if no resolution is possible or if the CHRC determines that further examination is warranted, the Commission may refer your complaint to the Canadian Human Rights Tribunal.

You will find more information about the CHRC complaint process and complaint rules on the Commission’s website.

How can we help?

Before contacting us, try resolving your concerns through existing recourse mechanisms. We cannot replace existing processes, such as the workplace harassment and violence notice of occurrence process or the grievance process.

You should also note that we cannot change a CHRC decision. However, if you feel that you were treated unfairly, contact our office. We will review your concerns to ensure that the administrative process treated you fairly and equitably.

Every situation is unique. Contact our office if exceptional reasons, like time sensitivity, health, security, or financial concerns for you or your family, prevent you from addressing your concerns through regular channels. Where these compelling reasons exist, our office can ensure the appropriate parties are aware of your circumstances and thereby take an informed decision.

Additional Resources

• Sexual Misconduct Support and Resource Centre (SMSRC) - Canada.ca

• DND’s Employee Assistance Program
  • Crisis and Short-Term Counselling
  • Life Smart Coaching
  • Digital Mental Health Platform
  • Peer Support
  • Manager Support: Key Person Advice Line (KPAL)
  • Specialized Team Services

• Mental Health Resources

• If you are a member of a bargaining unit, you may contact your union representative. You can do this by downloading the HR GO RH app (Apple/ Google), and then checking “find my union.”