The Human Rights Act protects everybody from negative treatment based on age, race, gender, sexual orientation, and other personal characteristics. You may have been the victim of discrimination, or, especially if you are an employer or landlord, you may have been accused of discrimination after terminating or disciplining an employee, refusing to hire, or refusing to rent.
Human rights complaints go through a two-step process:
• Complaints are investigated by the Human Rights Commission. Staff employed by the Commission collects relevant information including documents and witness statements, and produces a comprehensive report about the events surrounding the complaint.
• A hearing is conducted by the Yukon Human Rights Board of Adjudication. The Board hears sworn testimony from witness and examines the documentary evidence, and ultimately decides whether to uphold or dismiss the complaint. If the complaint is upheld, the Board will order a remedy which may include costs, payment of lost wages, systemic changes, and sometimes punitive damages.
If you feel that your human rights were violated, you can contact the Human Rights Commission for advice and assistance. It is usually not necessary to consult a lawyer.
If you are the subject of a complaint which you feel is unjustified, however, in most cases a lawyer will be able to assist you by:
• Advising you on recent developments in human rights law and assessing and understanding the strengths and weaknesses of your position.
• Ensuring that the Commission's investigators are informed about relevant witnesses and documents that help to prove your side of the story.
• Presenting the Commission with legal precedents and argument to ensure that the complaint is correctly understood and characterized.
• Participating in settlement negotiations to bring about an early and least expensive resolution of difficult complaints.
• Developing argument to convince the Commission to dismiss the complaint without a full-blown hearing before the Board of Adjudication.
• Preparing and presenting your case before the Board of Adjudication and advocating on your behalf for dismissal of the complaint.