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FAQs - Diabetes and Human Rights & Discrimination
When should I file a human rights complaint?
If you believe you have been unfairly treated because of your diabetes, and your attempts at resolving the issue yourself have been unsuccessful, contact the Canadian Human Rights Commission or your provincial/territorial human rights commission as soon as possible after the incident of discrimination. Filing deadlines are generally six to twelve months after the incident.
If the incident occurred in federal jurisdiction, your complaint would be filed with the Canadian Human Rights Commission. If it was outside federal jurisdiction, you would file with the human rights commission in the province or territory where the incident occurred.
You will have to fill out and sign a complaint form. There is no fee for filing a complaint alleging discrimination.
What legal protections do I have against discrimination? In Canada, if you have diabetes you are protected by law from employment-related and other types of discrimination. Legal protections for people with diabetes can be found in:
- the Canadian Human Rights Act
- the Charter of Rights and Freedoms
- the human rights codes of the provinces and territories.
The Canadian Human Rights Act
In 1977, Parliament passed the Canadian Human Rights Act to ensure equality of opportunity and freedom from discrimination in areas of federal jurisdiction such as: federal government departments; the post office; chartered banks; airlines; television and radio stations; inter-provincial communications and telephone companies; buses and railways that travel between provinces; and other federally-regulated industries. The Act prohibits people being placed at a disadvantage because of their disability or any other ground covered under the Act.
Similarly, Provinces and territories have similar human rights codes forbidding discrimination in their jurisdictions.
The Charter of Rights and Freedoms
The equality of rights section of the Canadian Charter of Rights and Freedoms states: 15(1) “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on… physical disability.”
This means that no government in Canada can pass a law that discriminates against a person because of a physical disability. Within the context of human rights law, diabetes is referred to as a disability for which discrimination is prohibited.
For more information see our summary sheet Filing a Human Rights Complaint.