According to a March 10 news release, the territory’s government is considering amending the Human Rights Act following a request from its Human Rights Commission to make “certain changes” to the legislation.
The commission requested the clarification of several things, including what is meant by “systemic discrimination;” when the duty to accommodate applies; and “when discrimination in favour of family members is allowed.”
The commission also requested that the Act allow complaints of retaliation to be investigated by the commission — and that retaliation be punishable through damages.
“Public feedback will help the Government of Yukon to understand how Yukoners may be affected by these proposed changes and decide whether to pursue the recommended changes or pursue other amendments,” states the release.
It notes that the Act “is designed to prevent and stop discrimination and harassment based on ancestry, religion, sex, gender and many other personal characteristics,” and that it applies to all residents, as well as businesses and organizations that provide services and employment and are governed by territorial laws.
Residents have until May 10 to complete the online survey.
Justice Minister Tracy-Anne McPhee called the Act “an important tool that protects Yukoners against discrimination and harassment from people, businesses and organizations.”
Tracy-Anne McPhee, Yukon Minister of Justice
The release notes that the commission is an “independent organization” responsible for administering and enforcing the Act.
This seeking of public input comes not a year after Yukon’s ombudsman delivered a scathing report about the commission, finding there had been delays, issues of unfairness and problems with the settlement process.
The ombudsman based his report on three complaints about the commission made within a two-year period. The report made several recommendations as to how the commission operates.
According to news media, commission officials refuted the ombudsman’s findings, calling them incorrect.
In a news release issued after the ombudsman’s report was made public, commission director Karen Moir stated that while the commission accepted the recommendations, the report contained “some points that require correction or clarification.”
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