Yukon
In this section, we explore human rights, particularly the right to equality and non-discrimination, in the territory of Yukon. 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 Yukon
Understanding Human Rights in Yukon.
The Act prohibits discrimination based on the following grounds: ancestry (including colour or race); national origin; ethnic or linguistic background or origin; religion or creed, or religious belief, religious association, or religious activity; age; sex, (including pregnancy, and pregnancy related conditions); gender identity or gender expression; sexual orientation; physical or mental disability; criminal charges or criminal record; political belief, political association, or political activity; marital or family status; source of income; actual or presumed association with other individuals or groups whose identity or membership is determined by any of the above.
These prohibited grounds of discrimination apply namely in the following areas:
The provision of services, goods, or facilities to the public; employment and hiring practices; union membership, trade or professional associations, and representation by these bodies; housing, including the occupation, possession, rental, or sale of publicly available properties; and the negotiation or execution of contracts offered to the public or through a public bidding process.
Yukon Human Rights Commission
The Yukon Human Rights Commission is responsible for promoting the principles of equality and freedom in dignity and rights, advancing education and research to eliminate discrimination, and managing complaints under the Yukon Human Rights Act. This includes facilitating negotiated settlements or referring cases to adjudication.
If discrimination occurs in violation of the Yukon Human Rights Act, a complaint must be filed with the Yukon Human Rights Commission.
After reviewing the complaint, the Commission decides whether to accept or reject it. A complaint may be rejected if it falls outside the Commission’s jurisdiction or if it was not filed within the time limit prescribed by the Act. If the complaint is accepted, the Commission notifies the respondent and asks both parties if they wish to resolve the matter through an informal settlement process. The Commission encourages both parties to participate in alternative dispute resolution and provides support for this process. If settlement efforts fail, the respondent submits a response, and the complaint proceeds to the investigation process.
After the Commission’s investigation, if it determines that sufficient evidence exists, the case is referred to the The Yukon Human Rights Panel of Adjudicators. The Commission may also grant additional time to attempt a negotiated settlement if it believes resolution is still possible.
However, if the Commission finds insufficient evidence, the complaint is dismissed. Both parties have the right to challenge the Commission’s decision—whether to refer the complaint to the Adjudication Panel or to dismiss it—by filing an application for judicial review with the Yukon Supreme Court.
IMPORTANT:
A complaint must be filed with the Commission within 18 months of the alleged act of discrimination.
Yukon Human Rights Panel of Adjudicators
The Yukon Human Rights Panel of Adjudicators is an independent tribunal, separate from the Yukon Human Rights Commission and the Government of Yukon. When a complaint is referred to the Panel by the Commission, an adjudication board is formed, which holds a hearing to determine whether discrimination occurred. For more information, visit the Yukon Human Rights Panel of Adjudicators (YHRPA) page.
What types of remedies are available?
When the arbitration board determines that discrimination has occurred, it may order various types of remedies. In particular, it may order the person responsible for the discrimination to cease any discriminatory practices, to pay a sum of money to the victim to compensate for any financial loss incurred as a result of the discrimination, or to pay a sum to compensate for any harm to the victim’s dignity, feelings, or self-esteem.
What if I disagree with the arbitration board’s decision?
It is possible to challenge the arbitration board’s decision by filing an appeal with the Supreme Court of Yukon. The appeal concerns questions of law, meaning it seeks to determine whether the law was correctly applied and interpreted in the decision.
IMPORTANT: The appeal must be filed within 30 days of the arbitration board’s order.
For more information, see: