Northwest
Territories
In this section, we explore human rights, particularly the right to equality and non-discrimination, in the Northwest Territories. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Human Rights in the
Northwest Territories
Northwest Territories Human Rights Act
The Northwest Territories Human Rights Act provides protection against discrimination for individuals in the Northwest Territories.
The Act prohibits discrimination based on the following grounds: race, colour, ancestry, nationality, ethnic origin, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity or expression, marital status, family status, family affiliation, political belief, political association, social condition, a conviction that is subject to a pardon or record suspension, and association with one or more persons identified by any of these grounds.
These prohibited grounds of discrimination apply namely in the following areas:
Employment (including job postings, hiring, dismissal, wages, and membership in an employee organization, employer organization, or professional association); access to goods, services, housing, and facilities that are generally available to the public; tenancy; published material, and harassment based on a prohibited ground of discrimination.
If discrimination occurs in violation of the Northwest Territories Human Rights Act, a complaint must be filed with the Northwest Territories Human Rights Commission.
A victim wishing to file a complaint must first meet with a Human Rights Officer to explain their situation. If the victim decides to proceed with a complaint after this meeting, the officer can provide assistance.
Once the complaint is submitted, the Executive Director of the Commission determines whether to accept or reject it. If the Executive Director rejects the complaint, the decision can be appealed by filing a notice of appeal with the Commission within 30 days of receiving the written notice of refusal.
If the complaint is accepted, the respondent (the person accused of discrimination) is notified and invited to meet with a Human Rights Officer, who explains the process. The parties are then encouraged to participate in an informal dispute resolution process, where an officer helps facilitate discussions in an attempt to reach a settlement.
If the parties fail to reach an agreement, the complaint proceeds to an investigation by the Commission.
During the investigation, a Human Rights Officer who has not previously been involved in the case gathers the necessary information and prepares an investigation report.
IMPORTANT: A complaint must be filed within two years of the alleged discrimination or, in the case of ongoing discrimination, within two years of the last incident.
After reviewing the investigation report, the Executive Director of the Commission may recommend either dismissing the complaint or referring it to the Northwest Territories Human Rights Adjudication Panel. Based on this recommendation, the Commission makes the final decision to either reject the complaint or send it to a hearing before the Tribunal. If the Commission dismisses the complaint, the complainant may challenge this decision by filing a notice of appeal with the Adjudication Panel within 30 days of receiving the written notice of dismissal.
What Types of Reparations Are Possible?
If the adjudicator determines that discrimination has occurred, they may order various forms of reparation. This can include requiring the offender to stop the discriminatory behavior, granting the victim the rights, opportunities, or benefits they were denied due to the discrimination, compensating the victim for lost wages or expenses incurred as a result of the discrimination, or awarding damages for harm to the victim’s dignity.
Northwest Territories Human Rights Adjudication Panel
The Northwest Territories Human Rights Adjudication Panel is an independent tribunal, separate from both the Human Rights Commission and the Government of the Northwest Territories. It is not possible to file a complaint directly with the Tribunal; a complaint must first be submitted to the Human Rights Commission.
When a complaint is referred to the Tribunal by the Commission, a public hearing is held where both parties present their case. After the hearing, the adjudicator determines whether discrimination occurred and, if so, may order appropriate reparations.
IMPORTANT: An appeal must be filed within 30 days of receiving the adjudicator’s decision.
What If You Disagree with the Adjudicator’s Decision?
If you do not agree with the decision, you may challenge it by filing an appeal with the Supreme Court of the Northwest Territories.