Can I report discrimination on behalf of my friend if they don't want to?
The situation
I am writing to ask for some advice regarding a situation involving my close friend and a former colleague of ours here in Canada. About three months ago, in early January, my friend was treated very unfairly at her workplace due to her religious beliefs. I actually witnessed the manager make several derogatory comments about her prayer schedule during a staff meeting, and I even saw her pay cheque was unfairly docked because of it. It was incredibly upsetting to watch. I have already tried talking to my friend about it, but she is quite anxious and says she doesn't want any trouble or to make a fuss at her job, so she refuses to take any formal action herself. I feel like I cannot just sit by and watch this happen, especially since I have clear evidence of the unfair treatment. If I decide to file a formal complaint with the government authorities to report what happened to her, is that something they will actually look into, or will they just ignore me because she isn't the one signing the paperwork?
Quick Summary
It depends on whether your friend gives permission. While you can file a complaint, the Commission may refuse to deal with it if your friend does not consent.
Detailed Analysis
Statutory Citations
Legal Citation: Canadian Human Rights Act § R.S.C., 1985, c. H-6, s. 40 — Complaints
"If a complaint is made by someone other than the individual who is alleged to be the victim... the Commission may refuse to deal with the complaint unless the alleged victim consents thereto"View Official Legislation →
Legal Citation: Canadian Human Rights Act § R.S.C., 1985, c. H-6, s. 14.1 — Retaliation
"It is a discriminatory practice for a person against whom a complaint has been filed... or any person acting on their behalf, to retaliate or threaten retaliation"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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