Human Rights Complaints Process

Overview

FAQ's

In Detail

Chart of Complaint Process

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.

MAKING AN Inquiry | Anyone who thinks he/she has a human rights problem or question or has reasonable ground for believing that they've been subject to discrimination as covered by the Yukon Human Rights Act is welcome to discuss the matter confidentially with Commission staff. People might need information if they are an employee, employer, tenant, landlord, or someone giving or receiving a service. Commission staff may refer people to somewhere else if their situation doesn’t fit with the Yukon Human Rights Act. Referrals are often made to such organizations like the Law Line, the Ombudsman, Canadian Human Rights Commission or other agencies that could help.

filing a complaint | If the complaint is within the Commission’s jurisdiction, and the person making the complaint has reasonable grounds for believing that he/she has experienced discrimination and wants to proceed, the Commission must record it in writing. (The Commission can help people with low literacy or language barriers.) Next the Director of Human Rights, will review the complaint to decide whether or not the Commission will investigate it. Complaints that are frivolous or vexacious, or that are outside the Commission’s jurisdiction (authority or power), or outside of the time limit or that could be or have been dealt with in another proceeding cannot be investigated.

NOTIFYING THE PERSON WHO THE COMPLAINT IS ABOUT | The Commission will give a copy of the complaint to the person or organization who the complaint is about. At the same time, the Director will ask both sides if they are willing to try and solve the complaint with her help. This is voluntary and is a service provided by the Commission and is called “Informal Resolution”.

RESOLVING A COMPLAINT | The Commission encourages parties to settle complaints agreeably in a way that eliminates the discrimination involved. Settlements can take place at any stage of the process, and may include compensation for lost wages and injury to dignity. They may also include an apology to the person making the complaint or providing services or employment that were previously not given. Reaching a settlement can often mean savings in time and money, and also less stress for all concerned. Settlement focuses on practical remedies rather than on finding fault or liability.

stopping or suspending an investigation | The Commission may decide not to investigate a complaint when the person who made the complaint:

• declines a settlement offer  that the Commission considers fair and reasonable; or
• has used or could  first use other processes such as internal grievance or review procedures, which are available within an organization; or
• abandons his/her complaint; or
• fails to cooperate with the investigation.

The Commission may refer complaints to the Board of Adjudication for hearing without investigation in certain cases such as where:

• a speedy resolution is needed because of urgent circumstances; or
• there is agreement on the facts but not on how the law applies to the facts; or
• there are no witnesses to the alleged discrimination and the person who made the complaint (complainant) and the person or organization whom the complaint is against (respondent) do not agree on what happened.

Investigating a complainT | If the investigation is not stopped or suspended and if a resolution cannot be reached, the complaint will be fully investigated. At this stage, the Commission is neutral and independent of both parties. Commission staff will further interview both sides, and any other appropriate witnesses, gather other relevant evidence or documents and make a written report. Both sides can make written comments about the report.

MAKING A FINAL DECISION | This report and any written comments will be given to the Commission members, who are appointed by the Legislature. The Commission members must decide whether or not to dismiss the complaint if there is not a reasonable basis in the evidence to refer it to the Board of Adjudication for hearing. However if there is a reasonable basis in the evidence, the Commission members must refer the complaint to the Board of Adjudication. Usually the Commission members ask the Commission’s lawyer to try and settle a complaint before a hearing takes place. Decisions of the Commission are final, but either side may ask a judge to review them.

HAVING A HEARING BEFORE THE Board of Adjudication – (INDEPENDENT FROM COMMISSION) | The Yukon Human Rights Board of Adjudication is entirely independent of and separate from the Yukon Human Rights Commission. The Board can decide if discrimination has occurred and make orders to resolve situations of discrimination. It does this in a public hearing where witnesses give evidence under oath, and where either side may be represented by a lawyer. It is not the role of the Commission to represent the person who made the complaint; however the Commission must take a position that best promotes the objectives of the Act. The Commission may also refer some complaints directly to the Board without investigation based on specific situations. (See the section above on “Stopping or Suspending an Investigation”.) Once a complaint comes before the Board of Adjudication, it becomes a matter of public record and is no longer confidential. Decisions of the Board may be appealed on questions of law to the Yukon Supreme Court.

**See upcoming hearings section on Review & Appeal | Parties may ask to have decisions re-examined. Although decisions of the Commission are final, parties may ask to have them judicially reviewed. Board of Adjudication decisions may be appealed to Yukon Supreme Court.