Proving Discrimination in Saskatchewan Rental Disputes

Facing discrimination in your home can be stressful and confusing. If you're a tenant in Saskatchewan and believe you have been treated unfairly due to your race, disability, family status, or another protected characteristic, it's important to understand your rights and how to prove discrimination under provincial law. This guide clearly explains how discrimination claims work, how to gather proof, what forms you need, and what resources are available to help you.

What is Discrimination in Saskatchewan Rentals?

Discrimination in housing means being treated unfairly or denied a rental opportunity because of a protected ground. In Saskatchewan, the Saskatchewan Human Rights Code, 2018 protects tenants from discrimination based on:

• Race or colour
• Creed or religion
• Sex, sexual orientation, gender identity
• Age (18 or older)
• Marital or family status
• Disability (mental or physical)
• Receipt of public assistance
• And other protected grounds

Landlords cannot refuse to rent, evict, or treat tenants differently based on these reasons. However, they can still apply reasonable rules for health and safety or legitimate business needs.

Key Signs of Rental Discrimination

Sometimes discrimination is obvious, but it can also be subtle. Examples may include:

• Refusing to rent to someone because they have children or are receiving government assistance
• Offering different rental terms or deposits to tenants of different backgrounds
• Denying reasonable accommodations to tenants with disabilities

How to Prove Discrimination: Steps for Tenants

Successfully proving discrimination in a Saskatchewan rental case requires gathering evidence and following proper procedures. Here’s how you can build a strong case:

• Document everything: Keep notes of any interactions with your landlord or property manager. Record the dates, what was said or done, and any witnesses.
• Save communications: Keep emails, texts, letters, or voicemails that show discriminatory statements or behaviors.
• Find comparators: If possible, get statements from other tenants who were treated differently in similar circumstances.
• Collect official forms or notices: Retain copies of applications, denial letters, lease agreements, and any notices you receive.
• Request written reasons: If a landlord refuses to rent to you or gives notice to end your tenancy, ask for their reasons in writing.

Remember: The burden of proof is on the tenant to show there are reasonable grounds to believe discrimination occurred. The Saskatchewan Human Rights Commission (SHRC) will consider your evidence alongside the landlord's explanation.

Understanding your rights as a tenant is crucial. See Tenant Rights and Landlord Rights in Saskatchewan for a full summary of the legal protections and responsibilities that apply in your province.

How to File a Discrimination Complaint

In Saskatchewan, housing discrimination complaints are handled by the Saskatchewan Human Rights Commission (SHRC) rather than the Office of Residential Tenancies. The SHRC investigates claims and can order remedies if they find discrimination occurred.

Which Form Do I Use?

• SHRC Discrimination Complaint Form (Online or PDF): Use this form if you believe your rights under the Saskatchewan Human Rights Code have been violated. It asks for details about you, your landlord, what happened, when, and what evidence you have.

How to Use: File the form as soon as possible after the discrimination occurs (within one year of the incident). Gather as much evidence as you can before submitting. Completed forms can be filed online or sent by mail or email to the SHRC. Access the official form and process here.

What Happens After Filing?

The SHRC will review your complaint, possibly contact the landlord, collect statements, and may attempt to resolve the matter through mediation. If no settlement is reached, the complaint may be investigated further and, if needed, proceed to a hearing. Outcomes may include:

• Compensation for damages
• An order for the landlord to stop discriminatory practices
• Restoration of rental rights if possible

Related Tenant Rights and Responsibilities

Tenancy in Saskatchewan is also governed by the Office of Residential Tenancies under the The Residential Tenancies Act, 2006^[1]. While general disputes (damage deposits, eviction notices, repairs) are handled by this office, discrimination issues must be brought to the Human Rights Commission.

If your situation also involves issues like eviction, rent increases, or health and safety, it's a good idea to review your broader tenant rights and obligations. For example, the article Health and Safety Issues Every Tenant Should Know When Renting explains what to do if you're being treated unfairly in relation to the condition or safety of your rental.

Find rental homes across Canada on Houseme if you're looking for discrimination-free rental opportunities and a wide range of listings.

Frequently Asked Questions

1. What evidence is most helpful in proving rental discrimination?
   Written communications, statements from witnesses, and copies of rejected rental applications are some of the most convincing forms of evidence. Keep all documents and notes that support your claim.
2. How long do I have to file a discrimination complaint in Saskatchewan?
   You generally have one year from the date of the discrimination to file your complaint with the Saskatchewan Human Rights Commission.
3. Can I be evicted for making a discrimination complaint?
   No, retaliatory eviction is not allowed. If you believe your landlord is trying to evict you because you filed or threatened to file a complaint, notify the Human Rights Commission and the Office of Residential Tenancies immediately.
4. Where do I go if the problem involves both discrimination and tenancy rules?
   File the discrimination complaint with the Saskatchewan Human Rights Commission and deal with other tenancy matters (like eviction or repairs) with the Office of Residential Tenancies.
5. Do I need a lawyer to file a discrimination complaint?
   You do not need a lawyer, but you may wish to seek advice from a tenant advocate or legal aid, especially for complex cases.

Summary: Key Takeaways for Tenants

• Document every detail if you suspect rental discrimination.
• File a complaint with the Saskatchewan Human Rights Commission within one year.
• Use official forms and seek support from tenant resources where needed.

Addressing discrimination can feel overwhelming, but you are protected by strong provincial laws. Take action early for the best results.

Need Help? Resources for Tenants

• Saskatchewan Human Rights Commission (SHRC) – File discrimination complaints or get information.
• Saskatchewan Government: Your Rights When Renting – Provincial tenant information and contacts.
• Office of Residential Tenancies – For non-discrimination tenancy problems, like deposits or eviction.

For a deeper overview, see Tenant Rights and Landlord Rights in Saskatchewan.

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1. The Residential Tenancies Act, 2006 (Saskatchewan)
2. Saskatchewan Human Rights Code, 2018

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