International Human Rights Complaints

Individuals and groups within Canada may make a complaint against Canada if they are concerned that their human rights have been violated.

A complaint may be made to the United Nations or the Organization of American States.

A complaint must meet the formal requirements of admissibility before the merits of the complaint can be considered. A key requirement is that the individual making the complaint has exhausted all domestic remedies. This means that all avenues to pursue a remedy in Canada should be exhausted before submitting a complaint.

The Department of Justice prepares Canada’s response to these complaints, in consultation with the relevant federal department and/or provincial/territorial government.

For information on filing a complaint, consult the International complaints webpage.

Complaints to the United Nations

Canada is a party to the complaints mechanisms related to the following four human rights treaties:

Each of these treaties has a committee (or 'treaty body') that monitors States Parties’ compliance with its treaty obligations and considers complaints against States, including Canada. Committees are composed of independent experts elected by states parties to the relevant treaty.

Once a committee has considered a complaint (known as a ‘communication’), the committee transmits its decision (known as 'views') to the author and Canada, in which it may recommend a remedy if a violation has been found.

If the committee decides that Canada has violated a person’s rights, it invites Canada to provide information about the steps it has taken to remedy the violation. The views of the committees are not binding under international law. However, Canada gives careful consideration, in good faith, to any adverse views when received. If the committee decides that the complaint is inadmissible or there has been no violation, the complaint is closed.

The section below contains links to published views on Canadian complaints before the following international bodies:

UN Human Rights Committee

In the following complaints under the International Covenant on Civil and Political Rights, the Committee found in its views:

a) One or more violations

b) No violation on the merits

c) No violation, as the complaint was inadmissible

d) No violation; the complaint was admissible, but the communication was withdrawn by the author.

UN Committee against Torture

In the following complaints under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Committee found in its views:

a) One or more violations

b) No violation on the merits

c) No violation, as the complaint was inadmissible:

d) No violation; the complaint was inadmissible, but concerns were raised regarding the interim measures request

UN Committee on the Elimination of Discrimination against Women

In the following complaints under the Convention on the Elimination of All Forms of Discrimination against Women, the Committee found in its views:

a) One or more violations

b) No violation, as the complaint was inadmissible:

UN Committee on the Rights of Persons with Disabilities

 To date, the Committee has not issued any views in relation to complaints against Canada under the Convention on the Rights of Persons with Disabilities.

Petitions to the Organization of American States

Individuals and groups may also make a complaint (known as a ‘petition’) to the Inter-American Commission on Human Rights of the Organization of American States, alleging a violation of the rights described in the American Declaration of the Rights and Duties of Man.

Once the Inter-American Commission on Human Rights has considered a petition, it transmits its views in response to the petition (known as the ‘final report on the merits’) to the author and Canada, in which it may recommend a remedy if a violation has been found.

Canada will be asked to provide information on steps it has taken to give effect to the final report and/or recommendations.

In the following petitions, the Inter-American Commission on Human Rights found in its views:

a) One or more violations

b) No violation on the merits

c) No violation, as the petition was inadmissible

d) Admissible (views on the merits of the petition are pending)