Legislation and Decisions

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.

Legislation | TheYukon Human Rights Act (Unofficial consolidation Act Eng PDF) | Yukon Human Rights Act French Version (Unofficial Consolidation Act French PDF) was first enacted in 1987 to:

• further in the Yukon the public policy that every individual is free and equal in dignity and rights,
• discourage and eliminate discrimination, and
• promote the recognition of the inherent dignity and worth and of the equal and inalienable rights of all members of the human family, these being principles underlying the Canadian Charter of Rights and Freedoms and the Universal Declaration of Human Rights.

The Act was amended in 1998 and 2009. (See “What’s New” section for more details on changes to the Act.

In 1988, the Human Rights Regulations covering procedural aspects of the statute's implementation became law. The Act was also amended in 1998 and 2009. The Regulations were amended in 2009: Unofficial Office Consolidation – Human Rights Act Regulations O.I.C.1988/170 and 2009/219 and Yukon Human Rights Regulations French Version.

Decisions of the Board of Adjudication AND COURTS | As part of the human rights complaint process, the Commission may ask for a decision from the Human Rights Board of Adjudication, which is independent of the Yukon Human Rights Commission.

If a complaint cannot be settled, or in special cases where the Commission chooses not to investigate and refers the complaint directly to the Board, there will be a hearing into the complaint before a Board of Adjudication. A panel of Adjudicators who are appointed by the Legislature and independent of the Commission will conduct a public hearing into the complaint. If the Board decides discrimination has happened, it can make orders to stop the discrimination, to pay damages for financial loss caused by the discrimination and to pay compensation for "injury to dignity, feelings or self-respect".

A decision of the Board of Adjudication can be appealed on questions of law to the Supreme Court of the Yukon. Decisions of the Board and Courts are public.

For further information on the Board of Adjudication contact Secretariat Deana Lemke at 667-7500 or beyondwords@northwestel.net.

• Randhawa v Government of Yukon (Decision) - *1985 complaint handled by Canadian Human Rights Commission as YHRC was not established until 1987. Employment, Racial Harassment. (~ 0.16 MB pdf file)
• Randhawa v Government of Yukon (Reasons) - *1985 complaint handled by Canadian Human Rights Commission as YHRC was not established until 1987. Employment, Racial Harassment. (~ 4.8 MB pdf file)
• Randhawa v Yukon (Territory) - *1985 complaint handled by Canadian Human Rights Commission as YHRC was not established until 1987. Employment, Racial Harassment. (~ 0.04 MB pdf file)
• Gould v. Yukon Order of Pioneers, Dawson Lodge No. 1 Public Services and Facilities, Sex Discrimination, Exemptions. (Yukon Human Rights Board of Adjudication Decision) (~ 0.9 MB pdf file)
• Gould v. Yukon Order of Pioneers, Dawson Lodge No. 1 Public Services and Facilities, Sex Discrimination, Exemptions. (Supreme Court of Canada Decision) (~ 0.2 MB pdf file)
• Hockley v. Y.T.G. Public Service Commission & Yukon Employee's Union (Public Service Alliance of Canada) - 1992 Employment Marital or Family Status. (Yukon Human Rights Board of Adjudication Decision) (Yukon Human Rights Board of Adjudication Decision) (~ 2.5 MB pdf file)
• Couchie v. D.W. Inglis Limited - 1997 Employment, Physical Disability, Reasonable Accommodation. (Yukon Human Rights Board of Adjudication Decision) (~ 3.2 MB pdf file)
• McConnell v. Y.T.G. Public Service Commission & Dept. of Justice - 1998 Employment, Disability, Reasonable Accommodation. (Yukon Human Rights Board of Adjudication Decision) (~ 4 MB pdf file)
• McConnell v. Y.T.G. Public Service Commission & Dept. of Justice - 1999 Employment, Disability, Reasonable Accommodation. (Yukon Human Rights Board of Adjudication Decision) (~ 3.7 MB pdf file)
• Bergeron v. B.Y.G. Natural Resources Ltd. - 1999 Employment, Sexual Harassment. (Yukon Human Rights Board of Adjudication Decision) (~ 7.7 MB pdf file)
• Bergeron v. B.Y.G. Natural Resources Ltd. - 2000 Employment, Sexual Harassment. (Supreme Court of Yukon Decision) (~ 6.2 MB pdf file)
• Johnson v. City Furniture (YT) Ltd. Director: Paul Sarana - 1999 Employment, Sexual Harassment. (Yukon Human Rights Board of Adjudication Decision) (~ 1.8 MB pdf file)
• Reti v. Sandra Gibbs and 13548 Yukon Inc. - 1999 Employment, Ancestry, poisoned work environment. (Yukon Human Rights Board of Adjudication Decision) (~ 3 MB pdf file)
• Baczkowski v. Howard Suffesick and Baczkowski v. Douglas Brown and Sign Post Corner Inc.- 2000 Employment, Sexual Harassment. (Yukon Human Rights Board of Adjudication Decision) (~ 7.3 MB pdf file)
• Whitehouse v. Government of Yukon - 2000 Employment, Ancestry and Religion. (Yukon Human Rights Board of Adjudication Decision) (~ 2.3 MB pdf file)
• Shopland v. Watson Lake Buslines (o/a Takhini Transport) - 2004 Employment, Physical Disability. (Yukon Human Rights Board of Adjudication Decision) (~ 7.6 MB pdf file)
• Trimble v. Yukon Human Rights Commission and Government of Yukon - Public Service Commission – 2005 Employment, Disability. (Supreme Court of Yukon Decision) (~ 0.7 MB pdf file)
• Campbell v. Yukon Housing Corp. and Vittrekwa v. Yukon Housing Corp and Bigras v. Yukon Housing Corp. - 2005 Tenancy, Source of Income. (Yukon Human Rights Board of Adjudication Decision) (~ 7.7 MB pdf file)
• March v Ed Huebert and Government of Yukon 2006 Employment, Disability (Yukon Human Rights Board of Adjudication Decision) (~ 0.2 MB pdf file)
• McBee (Molloy) v Government of Yukon 2006 Employment, Marital Status (Yukon Human Rights Board of Adjudication Decision) (Under Appeal) (~ 0.1 MB pdf file)
• McBee (Molloy) v Government of Yukon 2009 Employment, Marital Status (Supreme Court of Yukon Decision) (~ 57Kb pdf file)
• Hayes v Yukon College 2007 Employment, Disability (Yukon Human Rights Board of Adjudication Decision) (Under Appeal) (~ 0.1 MB pdf file)
• Molloy v Property Management, Government of Yukon 2008 Employment/Contract, Criminal Record (Yukon Human Rights Board of Adjudication Decision) (~ 0.03 MB pdf file)
• March v Yukon Human Rights Board of Adjudication and Yukon Government 2009 Employment, Disability (Supreme Court of Yukon Decision) (Under Appeal) (~ 0.07 MB pdf file)
• Molloy v Yukon Human Rights Board of Adjudication and Yukon Government 2009 Employment/Contract, Criminal Record (Supreme Court of Yukon Decision) (~ 0.07 MB pdf file)
• Friesen v Sternwheeler Holdings Ltd. 2009 Tenancy, Disability (Yukon Human Rights Board of Adjudication Decision)
• Carpenter and the Yukon Human Rights Commission v Town of Faro 2010 Employment, Ancestry(Yukon Human Rights Board of Adjudication Decision)
• Molloy and Yukon Human Rights Commission v Yukon Government 2011Employment/Contract, Criminal Record (Yukon Human Rights Board of Adjudication Decision)
• Yukon Government and YHRC v McBee (Molloy) and Yukon Board of Adjudication – Oct. 2010 (Court of Appeal decision)
• Malcolm & Baker and YHRC v Yukon College – May 2011, Services, family status, age, disability ( Board of Adjudication decision)
• Malcolm & Baker, YHRC, Board of Adjudication v Yukon College – Nov. 2011, (Supreme Court of Yukon decision)