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Yukon Human Rights Commission chair Melissa Atkinson, Liberal MLA Don Inverarity

Commission's director welcomes changes to act

Changes to the Yukon Human Rights Act could come sooner rather than later, and it's pleasing news to the commission's director and its board chair.

By Jason Unrau on November 27, 2008

Changes to the Yukon Human Rights Act could come sooner rather than later, and it's pleasing news to the commission's director and its board chair.

"As soon as possible is good," said human rights director Heather MacFadgen. She was reacting to comments Justice Minister Marian Horne made in the legislative assembly Tuesday.

That day, Liberal MLA Don Inverarity, part of the Select Committee on Human Rights, pressed Horne on implementing the committee's recommendations it made in its November report.

"Will the minister agree to work with the committee members to identify amendments to the Human Rights Act and bring it forward this sitting?" asked Inverarity.

Horne replied the government would "be moving ahead ... as soon as feasibly possible."

MacFadgen said there are several recommendations that could come into effect very quickly, namely the organization's funding source.

Currently, the commission's $516,000 annual budget remains a line item in the Justice department's operations and maintenance costs.

"The majority of our complaints come from government, so to preserve our independence, so we're not in a budgetary way connected to government, our solution is the Member Services Board, which is already doing this work with the ombudsman," MacFadgen said.

Extending the complaint time limit from six to 18 months, enshrining human rights public education and removing the age-of-majority restriction for complaints based on sexual orientation are also quick fixes, MacFadgen added.

Yukon Human Rights Commission chair Melissa Atkinson agrees.

"I think if you look at some of the recommendations, there are certainly some that could be implemented rather quickly that could have some immediate impact," she told the Star yesterday.

"And there are some that should go to the next stage with more more input from the public and organizations."

Two such recommendations include that "aboriginal identity" be enshrined in Yukon's act, and "further clarity be sought with respect to the application of human rights laws to self-governing first nations."

In an April 2008 Report on Human Rights of Women & Girls in Yukon, women reported there is no redress for complaints or discrimination regarding allocation of jobs or housing by their first nations.

"Because the first nations know that the Yukon Human Rights Commission will not touch these matters, it makes it easier for them to dismiss their employees without just cause," reads the report. "And to treat their employees with disrespect."

Women who contributed input into the report's findings said sexual harassment occurs in first nations governments and social and community pressures therein make it difficult to become chief.

As section 13.1 in Yukon first nations self-governing agreements provide exclusive power to enact laws related to administration and internal management, the Human Rights Act could conflict when its laws are applied to the conduct of a first nation government.

Moving from specifics back to the general application of the act, Atkinson also said efficiency and operational effectiveness would improve by giving the commission dismissal powers in cases where a complainant or defendent refuses to accept reasonable redress.

"If we're in the process of settlement and there's a reasonable offer and one of the parties says 'no,' there's not much we can do," said Atkinson.

"The commission is stuck in those situations."

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