Nunavut
In this section, we explore human rights, particularly the right to equality and non-discrimination, in Nunavut. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Nunavut Human Rights Act
The Nunavut Human Rights Act provides protection against discrimination for individuals in Nunavut.
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The Act prohibits discrimination based on race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, family status, pregnancy, lawful source of income, a conviction for which a pardon has been granted, and association with a person who has one or more of these characteristics.
These prohibited grounds of discrimination apply namely in the following areas:
Employment, organizations and associations, goods, services, facilities, or contracts generally available to the public, residential and commercial rentals, and the publication of notices, signs, symbols, emblems, and other representations.
Nunavut Human Rights Tribunal
If discrimination occurs in violation of the Nunavut Human Rights Act, an individual can file a complaint with the Nunavut Human Rights Tribunal. The Tribunal is a quasi-judicial body established under the Nunavut Human Rights Act, responsible for resolving human rights matters in Nunavut.
A complaint with the Nunavut Human Rights Tribunal can be submitted verbally, in writing, or in any other manner deemed acceptable by the Tribunal.
When a complaint is filed, the Tribunal reviews the submitted information, including the respondent's response, and decides whether to accept or reject it.
If the Tribunal accepts the complaint, it may attempt to resolve the matter amicably through mediation, involving Tribunal members and independent mediators. If the Tribunal chooses not to proceed with mediation, it may hold a public hearing. After the hearing, the Tribunal issues a final decision on whether discrimination occurred in the complaint.
IMPORTANT: A complaint must be filed within two years of the alleged discrimination.
What Types of Reparations Are Possible?
If the Tribunal determines that discrimination occurred, it may order various forms of reparation, including: requiring the offender to stop the discriminatory actions, awarding financial compensation to the victim for damages suffered, implementing measures to restore the victim to the position they would have been in if the discrimination had not occurred, establishing a broader program to address systemic discrimination, if the issue is recurring, or requiring the offender to issue an apology to the victim.
What If You Disagree with the Tribunal’s Decision?
It is possible to challenge the Tribunal’s decision by filing an appeal with the Nunavut Court of Justice. However, the Court can only review errors of law—meaning it will assess whether the law was correctly applied in the decision but will not reconsider the factual findings of the Tribunal.
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For More Information on Appeals, Visit: