Being evicted is stressful, and tenants in Saskatchewan may have rights under both tenancy and human rights law if the eviction involved discrimination, retaliation, or a failure to accommodate a disability. This guide explains when to consider a human rights claim after an eviction, what evidence helps most, which official forms and offices to contact, and practical next steps to protect housing and legal options. It is written for renters and avoids legal jargon; if you are unsure about timelines or forms, contact the appropriate government office or a community legal clinic for advice.
What a human rights claim might cover
Human rights claims can arise when an eviction is connected to protected grounds such as disability, family status, race, sex, religion, or lawful source of income. If your landlord evicted you because of a need for disability accommodation, or as retaliation for asserting your rights, you may have both a tenancy defence and a separate human rights complaint to file with the provincial commission [1]. Consider both routes because they use different processes and remedies.
When to consider filing
- The eviction followed a request for disability accommodation or ended after you raised a health or accommodation issue.
- You were treated differently from other tenants because of race, religion, family status, or another protected ground.
- The landlord threatened eviction soon after you complained about repairs, safety, or harassment (possible retaliation).
If you believe the eviction involved these factors, start collecting evidence immediately and check timelines for both the human rights commission and the tenancy office.
What evidence to gather
- Copies of notices, eviction letters, and any written communication from the landlord.
- Photos, videos, or repair logs showing conditions related to your accommodation or the reasons given for eviction.
- Names and contact details of witnesses, neighbours, or professionals who can corroborate discrimination or retaliation.
- Medical notes or accommodation requests that show a link between a protected ground and the eviction.
Official offices and forms to use
Two public bodies you should know:
- Office of Residential Tenancies – handles tenancy disputes, eviction orders, and tenancy applications in Saskatchewan [2].
- Saskatchewan Human Rights Commission – accepts complaints about discrimination and failure to accommodate under human rights law [1].
Common official forms and when to use them:
- Notice to End Tenancy or eviction notice (use when a landlord serves formal notice; keep a copy and note the date).
- Application to the Office of Residential Tenancies (use to contest an eviction order or to request remedies for illegal eviction; file promptly with supporting documents) [2].
- Human Rights Complaint Form (submit to the Saskatchewan Human Rights Commission when the eviction involves discrimination or accommodation failures; include evidence and witness information) [1].
Also review the provincial tenancy legislation that sets timelines and grounds; this helps you understand deadlines for filing or responding [3].
Steps to take right after an eviction notice or lockout
- Secure your belongings and make an inventory of items removed or damaged by the landlord.
- Photograph any damage, the state of the unit, and any notices posted by the landlord.
- Save all communication and send a dated email or letter confirming the facts and your request for an explanation.
- Contact the Office of Residential Tenancies to learn immediate steps to challenge an eviction order or to request an emergency hearing [2].
- If discrimination or failure to accommodate is involved, submit a human rights complaint to the Saskatchewan Human Rights Commission or get advice from a legal clinic [1].
FAQ
- Can I file a human rights complaint after I have already been evicted?
- Yes. You can file a human rights complaint if you believe the eviction was motivated by discrimination or if reasonable accommodation was denied; this is separate from tenancy proceedings.
- Will a human rights complaint stop an eviction or get me back into my unit?
- A human rights complaint may lead to remedies, but immediate eviction disputes are often best handled through the Office of Residential Tenancies. Use both processes if needed.
- What if I need help filling forms or meeting deadlines?
- Contact the Office of Residential Tenancies for tenancy procedures, the Human Rights Commission for discrimination claims, or a community legal clinic for advice and assistance.
How-To
- Identify the basis for a claim: note protected grounds and the eviction timeline.
- Gather evidence: notices, photos, messages, witness names, and medical or accommodation records.
- Complete and submit the Human Rights Complaint Form to the Saskatchewan Human Rights Commission with supporting documents [1].
- File an application or response with the Office of Residential Tenancies to contest the eviction or seek remedies [2].
- Seek legal advice or community legal clinic support before hearings; bring all evidence and witnesses to any hearing.
Key Takeaways
- Discrimination or failure to accommodate can be grounds for a human rights complaint.
- Collect and preserve written notices, photos, and witness details as soon as possible.
- Use both the Saskatchewan Human Rights Commission and the Office of Residential Tenancies when claims overlap.
Help and Support / Resources
- Saskatchewan Human Rights Commission
- Office of Residential Tenancies
- Residential Tenancies Act (Saskatchewan)
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