Human Rights in the Yukon

TAKE NOTE (Disclaimer):
Any reference to the “Unofficial Consolidation” of the Yukon Human Rights Act or Regulations refers to documents which incorporate the new 2009 amendments to the Act and Regulations. When using the legislation for official purposes, individuals should refer to the official original documents of the Acts and Regulations printed and published by the Yukon Queen’s Printer which are available from queens.printer@gov.yk.ca or at the Yukon Public Law Library yukon.law.library@gov.yk.ca and at Yukon public libraries.

The Law | TheYukon Human Rights Act (140Kb PDF) | Yukon Human Rights Act French Version (76Kb PDF) was first enacted in 1987 to help eliminate discrimination in the territory. It sets out what discrimination is, allows for investigation and settlement of complaints, and provides for educational efforts to promote human rights.

NEW TIME LIMITATIONS | Time limit for making a human rights complaint has been increased from 6 months to 18 months and the Commission may extend the time limit in certain cases.

Protected Areas | The Act protects Yukon residents against discrimination in several areas of public life. Discrimination is not allowed in:

• providing goods, services and facilities to the public
• employment or application for employment
• membership in trade unions or other work-related associations
• tenancy or sale of property offered to the public
• public contracts.
  

Prohibited Grounds | Treating individuals or groups differently in any of these areas is discrimination under one of the prohibited grounds:

Systemic Discrimination | The Act also makes it illegal to carry out any activity that results in discrimination as described above. Systemic discrimination is discrimination that is part of the operating procedures of organizations, whether a business, service organization or social institution, such as government, schools, hospitals, law courts, etc. It has the effect of denying whole groups of people their rights or excluding them from participation, as a result of established policies and procedures of organizations that have developed over time, often unconscious and not intended to be discriminatory.

Examples of systemic discrimination include former height restrictions for applicants to fire fighting services that had the impact of restricting the inclusion of women and Asians; how and where jobs are advertised and how selection is done; availability of services or equipment for people with disabilities.

Exemptions | Under some limited circumstances, what would otherwise be discrimination is allowed under the Act. It is not discrimination:

1. For a religious, charitable, educational, social, cultural, or athletic organization to give preference to its members or to people the organization exists to serve.
   
2. For individuals to give preference to members of their family.
   
3. For an organization to offer special programs and affirmative action programs that are designed to prevent or reduce disadvantages resulting from discrimination.
   

The section on prohibited areas does not apply to:

1. The employment of a person to provide services in a private home or in any exclusively religious, charitable, educational, social, cultural or athletic organization
2. The choice by an occupant of a private home of a boarder or tenant to occupy part of the home.

Reasonable Cause - It is not discrimination if treatment is based on:

1. Reasonable requirements or qualifications for the employment;
2. A criminal record or criminal charges relevant to the employment;
3. Sex, so as to respect the privacy of the people to whom accommodations or a service or facility is offered
4. Other factors establishing reasonable cause for the discrimination.

For more information... | See the other areas of this website for more extensive information on specific human rights issues, and check back as the website develops. We also have a range of printed materials, and provide support for individuals and groups in understanding and fulfilling the law.

If you feel you have experienced discrimination, please contact us by telephone or come into our office. All inquiries are confidential and there is no charge for our services.