Territorial human rights legislation that protects individuals from discriminatory activity that can occur between themselves and private entities (such as employers, unions or restaurants) or provincial/municipal public services (such as public transportation) which are normally open and available to the general public. It protects not only against active discrimination, including harassment but also against the failure of these entities to fulfill their duty to accomodate resulting in an adverse impact on an individual or group.
NWT Human Rights Commission website: http://nwthumanrights.ca/
Enumerated grounds of discrimination: race, colour, ancestry, place of origin, ethnic origin, nationality, religion/creed, age, disability, sex, pregnancy, sexual orientation, gender identity, martial status, family status, family affiliation, political beliefs/associations, social condition, pardoned/suspended criminal convictions
Protected areas: employment and applications, membership in unions/associations, public services/goods/facilities, tenancy, publications
Any individual or group with reasonable grounds may file a complaint within 2 years of the last offending act. The Commission shall review and inquire into all complaints. Once filed, the focus is on assisting the parties to settle through an agreement, using mediation or other means to do so. If another process is better suited to hearing a complaint then it must be heard there first. Otherwise, complaints can be dismissed for lack of jurisdiction, the acts/omissions alleged don't actually infringe the Act, the complaint is frivolous, vexatious or made in bad faith, or the issue has been dealt with elsewhere. The decision to dismiss can be appealed ot the adjudication panel.
Complaints will be referred to an adjudication panel where the parties are unable to reach a settlement and the complaint has not yet been dismissed. If the complaint is successful in front of the panel, the remedies it can award include orders to cease the contravention, make available what was denied, compensate for financial loss, compensate for injury to dignity etc (pain and suffering), reinstate employment, pay exemplary damages where actions were willful, malicious or repeated, and take any other measures deemed appropriate to restpre the victim. May also make a declaration that the actions were discriminatory. Decisions will be in writing with reasons and findings of fact and will be provided to the parties. Can appeal the decision of the panel to the NWT Supreme Court.
In order to file a complaint, you must first contact the Commission to have a staff member will provide you with more information, answer your questions and determine whether your complaint appears to fall within their jurisdiction. If you choose to proceed, you must fill out a complaint form and send it to the Commission by mail (or potentially by email or fax although it does not say for sure). If you require assistance in filling out the complaint form or have any questions then you can contact the Commission and they will help. The Commission is located at the Arthur Laing Building, Main Floor, 5003-49 Street, Yellowknife, Northwest Territories, X1A 2P4. They can be reached by phone at 867-669-5575, toll-free at 1-888-669-5575, by fax at 867-873-0357, or by email at info@nwthumanrights.ca.
Website also provides good outline of jurisdiction of CHRC vs NWTHRC. The CHRC covers Aboriginal governments, land claims and treaty rights, airlines/transportation companies, federal government services, telephone/radio/TV/internet providers, banks, and the RCMP.
Northwest Territories Human Rights Commission
Website:
Where:
Contact Address:
NT
Canada