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The Journey · Stage 1 · Form 1 · modified 6 Aug 2026

How to file a human rights complaint against police in Ontario

How do I file a human rights complaint against police in Ontario?

You file an Application (Form 1) with the Human Rights Tribunal of Ontario, normally within one year of the last incident. You do not need a lawyer and there is no filing fee. The form asks what happened, when, which Code ground you say was engaged, and who the respondent is — for police, that is usually the police services board. Free help with the form is available from the Human Rights Legal Support Centre.

You file an Application (Form 1) with the Human Rights Tribunal of Ontario, normally within one year of the last incident. There is no fee and no lawyer required. Name the police services board as respondent, state what happened, when, and which Code ground you say was engaged. Filing is free; missing the one-year deadline is usually fatal.

Journey · Stage 1 · Form 1

This page is information drawn from the public record, not legal advice. Figures come from three institutional corpora: Ontario corrections (484 decisions), Thunder Bay Police (57 decisions), Durham Regional Police (60 decisions, 40 matters). Verify deadlines against the tribunal's current rules or with a lawyer, paralegal, or the Human Rights Legal Support Centre.

What this stage is

You start a case at the Human Rights Tribunal of Ontario by filing a Form 1 application. It asks who you are, who discriminated, on what ground (race, disability, sex, and so on), in what social area (employment, services, housing), what happened, and what remedy you want.

The deadline is one year from the last incident (Code, s.34(1)). The Tribunal can extend it only if your delay was in good faith and nobody is substantially prejudiced — both, not either. In our corpus, 4 of 37 matters ended on this deadline alone. Waiting for a police complaint to finish has repeatedly been held not to be good-faith delay. If you are near the year, file first and sort the rest out after. See Deferral for the trap this creates.

What the decisions show about how applications are read

An application is read by a lawyer-adjudicator looking for one thing: facts that, if true, connect what happened to a protected ground. That connection is called a nexus. Not proof — proof comes later — but facts. "The officer treated me unfairly" states a conclusion. "I was the only Black man in the line and the only person carded" states a fact that connects.

Three patterns from the record:

Longer is not stronger. In one matter, an applicant given a chance to clarify a confusing application — with a 10-page limit and a referral to free legal help — filed 92 pages. The application was dismissed. The Tribunal gives one chance to fix an unclear application, not two.

More grounds are not more chances. Nineteen of our 37 matters pleaded two or more grounds; one pleaded ten. Wide pleading correlated with dismissal — not because pleading more is punished, but because unfocused applications tend to bury the one connection that matters. One ground with facts behind it beats six without. You do not need to prove the ground was the only reason, or even the main reason — the legal test is whether it was a factor.

Say your remedy in numbers. The form asks what you want. Decisions take specific, explained requests more seriously than "maximum compensation."

Common failure modes at this stage

Missing the year. Conclusions without facts. Naming individual officers without facts specific to each (individual respondents are frequently removed). Forgetting to disclose related proceedings — a court case, LECA complaint, or grievance about the same events must be declared; s.34(11) can bar the application entirely if a civil claim seeks Code remedies for the same facts.

What we can't tell you

How many applications are filed against each respondent per year, or how many are screened out before any decision — Ontario does not publish it. Access requests for exactly this are in preparation. Follow them in the FOI Tracker.

Next stage: Screening

Published in good faith from public records as fair comment on matters of public interest. Believed accurate at the review date; errors will be corrected on notice. Information, not legal advice; no lawyer-client relationship is created.

Common questions

Is there a deadline?

Normally one year from the last incident in a series. The Tribunal can accept a late application only if the delay was in good faith and causes no substantial prejudice — an exception, not a plan. If your year is nearly up, file something now and refine later.

Does it cost anything?

No. There is no filing fee at the HRTO, and no costs are awarded against losing applicants, unlike civil court.

Who do I name as respondent?

For municipal or regional police, the police services board is the institutional respondent that answers for the service. Individual officers can be named, but the record shows they are routinely removed as parties once the institution accepts it can satisfy any remedy.

Can I file if I also made a police complaint?

Yes — but be aware the Tribunal may defer your application until that complaint concludes. See our deferral guide before you choose the order.

What if I do not have all the records yet?

File anyway if the deadline is close, then request records. Our records guide explains how to obtain your file — and why holding it early changes the case.

Is there a deadline?

Generally one year from the last event you are complaining about. Late applications can be accepted only if the delay was in good faith and causes no substantial prejudice — the record shows this is granted rarely, so treat the year as hard.

Who do I name as respondent?

For a municipal or regional service, the police services board is the usual respondent. You may also name individual officers, but be aware that where the institution accepts responsibility, individually named respondents are routinely removed as parties.

Does it cost anything?

No. There is no filing fee at the HRTO, and no costs are awarded against you if you lose — unlike civil court.

Can I file if I also made a police complaint?

Yes, but the Tribunal may defer your application until that process finishes. See the deferral guide — this is where a large share of matters quietly die.

What if I am still afraid of retaliation?

Reprisal for filing is itself a separate breach of the Code, and it is the most-pleaded ground in the records we have read. That does not make retaliation impossible; it makes it actionable.

Before you name a ground. What the Code actually protects — all nineteen entries, which of the five settings each applies in, and two grounds that exist in only one setting each.