If you are not able to resolve the issue with your school directly, there are several other options.
What to Do if You Think Your Rights Have Been Violated
3. Next Steps: Making a Complaint or Taking Legal Action
School Board:
You can bring your concerns to the school board. They may be able to advocate for you to your school or intervene to make sure your problem is dealt with. It’s important to know that when the school board makes a decision or takes action, courts may be able to review it if you do not think the outcome is fair. The deadline to ask a court for this may be quick, so if you think you might want to do this, it’s a good idea to look for legal help as soon as possible.
Privacy Complaint:
If you think your school has violated your right to privacy—such as if they have shared your gender identity without your consent—you will typically be making complaints based on your province or territory’s privacy laws instead of human rights laws. To help you with this, you can reach out to your province or territory’s Privacy Commissioner to see if they can provide assistance. Privacy commissioners receive complaints from the public, and, if they decide it is necessary, they may launch an investigation into the issue. The contact information for these organizations is also found in the Privacy section under Resources.
Human Rights Complaint:
Most issues—like bullying and harassment, exclusion from school activities or the curriculum, GSAs and queer-positive clubs, use of your chosen name and pronouns, and use of gendered spaces like washrooms and change rooms—fall under human rights laws. Each province and territory has a Human Rights Tribunal or Commission where you can file a complaint. When you bring such complaints, there are often timelines that you have to follow. If you are considering taking action, it will be important to get started on the process as soon as you can. In making a decision on pursuing a human rights complaint, you should also keep in mind that these processes can be lengthy, time consuming, costly, and you might not necessarily get a win through the tribunal system. However, these processes can also lead to positive long-term results and effecting systemic change.
In the Resources section, we have listed each province and territory’s human rights commission or clinic who, where applicable, may be able to provide you with legal help in these situations.
