The Town of Faro is calling a recent report released by the Yukon Human Rights Commission biased, and is taking the commission to court.

The suit is asking the court to declare that the investigator, the investigation itself, as well as the director, members and staff of the YHRC are biased.

It is also asking the court to quash a recent decision by the commission.

The independent Human Right's body told the Town of Faro it was looking into whether or not it should convene a judicial board to hear the municipality's complaint and to continue to investigate the matter, court documents say.

Faro wants a court order stopping the commission from calling on such a board and compelling them to cease their investigation, the claim states.

The Supreme Court claim states that the YHRC does not have jurisdiction to further investigate the complaint of bias.

The root of the case revolves around an investigation conducted by the commission into hiring for the position of chief administrative officer.

In June 2004, Les Carpentier filed a complaint with the YHRC stating that Faro did not consider him for the position because of discrimination that falls under two sections of the Human Rights Act, court documents say.

The two sections of the act which Carpentier invoked involved discrimination based on ancestry, and in connection with employment.

'It is discrimination to treat any individual or group unfavourably on any of the following grounds ancestry, including colour and race,' the Human Rights Act states.

'No person shall discriminate in connection with any aspect of employment or application for employment,' the second section says.

More details on the investigation into Carpentier's complaint are not available.

The report itself has not been filed in court and it is not a publicly available document.

After conducting their investigation, a copy of the report was delivered to Faro, according to the suit.

The local government responded that the report was biased for a variety of reasons. These include that the report drew inferences and conclusions in terms of law, as well as classifying and analyzing evidence presented to it.

The claim charges that Faro's credibility was not fairly evaluated.

The municipality is also asking the court to seal all documents from the YHRC's investigation and to prevent them from becoming public record.

Specifically, they are asking that the commission be compelled to 'remove from its files and to destroy any and all copies of the Investigation Report, drafts thereof and notes, witness statements . . . and all other documents gathered and produced in the making thereof.'

None of the parties involved in the law suit would comment on the matter, as it is before the court.

Phyllis Forbes, mayor of Faro, referred the Star to the municipality's lawyer, Gary Whittle. Whittle had no comment on the case.

Legal council for the YHRC, Susan Roothman also had no comment.

No court dates have been set.