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,
The Yukon Ombudsman says the department of Justice has accepted two out of three recommendations provided in an investigative report over unfairness found in the Yukon Human Rights Commission’s operations.
Over the last two years, three different people submitted complaints to the Ombudsman alleging unfair delay, settlement bias, and unfair processes.
Following these complaints, Jason Pedlar, Yukon Ombudsman swung into investigation and found that the Human Rights Commission strives to meet its mandate despite persistent funding issues, high staff turnover, and limitations found in the Human Rights Act.
Pedlar added that 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.
The investigation also found a unique situation in which two authorities are responsible for addressing the issue of unfairness, the Human Rights Commission, and the Department of Justice.
Pedlar said some of the issues which include funding, independence, and amendments to the Human Rights Act, are beyond the control of the Commission.
At the end of the investigation, the Yukon Ombudsman provided five recommendations to the Human Rights Commission and three to the Department of Justice. According to the Ombudsman, 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.
The three recommendations to the Department of Justice 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 Human Rights Commission members from a maximum of five members to a maximum of seven, as described in s. 17 of the HRA.
Responding to these recommendations, Deputy Minister and Deputy Attorney General Mark Radke, said “The Department of Justice cannot accept recommendation one, as it is not within the Department’s authority to implement.”
“Acceptance of Recommendation one would require a decision by the Legislative Assembly or, alternatively, by Executive Council Office.” Radke said.
As per the recommendations two and three, Radke said "officials from the Department of Justice have contacted the Commission to begin consultations as they look forward to working with the Commission to implement these Recommendations over the coming months."
The five recommendations to the Department of Justice include the Implementation of a written policy on exercising its discretion regarding the application of each applicable subsection of the Human Rights Act, expand and clarify its written procedures of the HRA “fair and reasonable” evaluation, submit recommendations to the Executive Council to harmonize the HRA with its regulations such that it addresses the concerns and gaps identified in this Report, and evaluate and select comprehensive case management software which monitors and tracks key performance indicators for all relevant statistics.
These eight recommendations have timelines ranging from six to 12 months from the date of this report.
Yukoners voice support and solidarity for First Nations through mining concerns
Temporary Recycling Deport now open in Whitehorse
Whitehorse RCMP arrests one male connected to robbery in Whitehorse.
YG selects experts for independent review into Eagle Gold mine failure while Tr’ondëk Hwëch’in First Nation supports demand to halt mining
Little Salmon Carmacks First Nation holds concert to raise awareness about heap leach mining in the Yukon
Yukon Star shuts its doors
Yukon Government says they did not intend to put Victoria Gold out of business
The Yukon Party says Vicotria Gold Corporation should retain control of the mining site.
Yukon government says no to First Nation demand for a halt to mining and offers few details regarding dead fish found at Haggart Creek
Pillai breaks silence on Eagle Gold mine disaster
Concert in Carmacks raises voice against heap leach in the Yukon
Fifth Eagle Gold technical briefing acknowledges missed deadlines, wildfire, and calls for an independent review
New sign at Erik Nielsen Whitehorse International Airport acknowledges traditional territories in Southern Tutchone
Whitehorse Emergency Shelter reduces meal availability
First Nation of Na Cho Nyäk Dun was not invited to technical briefings
The Government of Yukon says it will implement all recommendations from the April 2024 Coroner's inquest.
UPDATE: Missing First Nations woman found safe.
Purolator expands its partnership with Food Bank Society of Yukon
City Councillor Mellisa Murray has excitedly announced her candidacy for Mayor of Whitehorse.
