CANADA | Yukon Human Rights Commission investigated for fairness

The Yukon Ombudsman has released an investigative report on three separate complaints against the Yukon Human Rights Commission (HRC). The investigation found unfairness in the organization’s operations and made eight recommendations to the HRC, and the Department of Justice combined. The HRC accepted all five recommendations and the Department, under who the HRC is organized, accepted two of three, as Justice determined that the first recommendation was outside of their authority.

Over the last two years, three different people submitted complaints to the Ombudsman alleging unfair delay, settlement bias, and unfair processes.

“Our investigation found that the Human Rights Commission strives to meet its mandate despite persistent funding issues, high staff turnover, and limitations found in the very Act that governs them, the Human Rights Act,” said Jason Pedlar, Yukon Ombudsman. “There was evidence of unfair operational issues that included gaps in policies and procedures, concerns with how the Act was being interpreted to meet their operational requirements, and an over-reliance on settlement to manage an ever-increasing caseload.”

As a result of the investigation, five recommendations were made to the HRC and three to the Department of Justice. These recommendations are intended to assist the HRC in carrying out its work in a more fair and efficient manner; benefiting the organization and those it serves.

“Our investigator found a unique situation in which two authorities are responsible for addressing the issue of unfairness, the Human Rights Commission, and the governing body that oversees their funding, the Department of Justice”, said Pedlar. “As some of the issues surrounding funding, independence, and amendments to the Human Rights Act are beyond the control of the Commission, we have made recommendations to the Department directly.”

The three recommendations to the Department include amending the Act so that the HRC is funded at arms-length from government, supporting them in closing the gap between the Human Rights Act and its regulations through regulations changes, and increasing the number of HRC members.

These eight recommendations have timelines ranging from six to 12 months from the date of this report.

To read the investigative report, kindly click here

 

Source: The Yukon Ombudsman, Canada

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