What is a complaint?
Most grievances start as complaints, but a complaint may result in a solution to your problem in and of itself. If you are unhappy with an action or a decision by a staff member, you have the right to submit a written complaint to the staff member’s supervisor. CSC prefers you to use the forms that they provide to do this.296
If you can’t identify the appropriate ‘supervisor’, send your complaint to the warden. She will direct it to the right person.
Why file a complaint instead of a grievance?
The complaint level can be useful for misunderstandings or decisions that can be quickly resolved. It can also be useful if the matter is not pressing. For example, if staff fail to respond to a request or if you have concerns about your food or ongoing, non-urgent activities, you may want to make a complaint.
If, however, the issue is of a more serious nature or if your rights or liberties are restricted in any way, then a complaint is not the appropriate form to use. In these cases, you should go directly to the first level grievance. Being placed in segregation or being threatened with security re-classification are examples of actions or decisions that restrict your liberties.
Do I have to file a complaint first?
While you are encouraged to file a complaint before resorting to a grievance297 , there is no rule that says you must do so.298
The CCRA does not contain the word “complaint”, only the word “grievance.”299 The CCRR and the CDs use the word “may” when they refer to submitting a complaint, but they do not say you “must” submit a complaint. If you fill out a first level grievance and it is returned with “grievance” crossed out and “complaint” written in, check to see who on staff has signed this. Ask for a written reason as to why this was done and what law or policy CSC is relying on that it must be done this way. Point out that this could delay the process by as much as five weeks. Re-submit the grievance, this time to the next level, whether or not the issue in the “grievance/complaint.”300
Return to note 296. CCRR, s. 74(1).
Return to note 297. CCRA; CCRR.
Return to note 298. CCRA, CCRR, “Complaints and Grievances Manual.”
Return to note 299. CCRA, s. 90.
Return to note 300. “Filing Complaints and Grievances,” 2004 at 1.