# Can I report discrimination on behalf of my friend if they don't want to?

- Jurisdiction: Canada
- Practice area: Employment Law
- Published: 2026-10-23
- Last updated: 2026-10-23
- Canonical: https://lawasked.com/ca/employment-law/can-i-report-discrimination-behalf-my-friend-if

## Question

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?

## 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.

## Analysis

Under the Canadian Human Rights Act, you are allowed to file a complaint if you have "reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice" [cite:ca-human-rights-act-sec40]. This means because you witnessed the manager's comments about your friend's prayer schedule and saw her pay cheque being docked, you may have the grounds to act. 

However, there is a significant hurdle regarding your friend's wishes. The law states, "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" [cite:ca-human-rights-act-sec40]. In plain language, a 'victim' is the person who suffered the unfair treatment. Because your friend is the one who was treated unfairly due to her religious beliefs, the Commission has the power to ignore your report if she does not give her formal permission for them to proceed.

There is another way for the government to act. The Commission also has the power to start its own investigation if it finds it has "reasonable grounds for believing that a person is engaging or has engaged in a discriminatory practice" [cite:ca-human-rights-act-sec40]. This is an independent process started by the Commission itself rather than by a person filing a complaint. 

It is also important to note that the law protects people from being punished for speaking up. It is a discriminatory practice for an employer to "retaliate or threaten retaliation against the individual who filed the complaint or the alleged victim" [cite:ca-human-rights-act-sec14p1]. This means if a formal complaint were to move forward, the manager or company cannot legally punish your friend for it. 

Whether the Commission will actually investigate your specific report without her consent is unsettled, as it depends on whether they decide to initiate their own investigation independently or if they choose to exercise their right to refuse your specific complaint due to her lack of consent.

## Statutory citations

- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 40 - Complaints [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-40)
  > 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
- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 14.1 - Retaliation [in force] (https://laws-lois.justice.gc.ca/eng/acts/H-6/index.html#s-14.1)
  > 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

---
General information only, not legal advice. See https://lawasked.com/disclaimer