Unfairness in the operations of the Yukon Human Rights Commission has resulted in eight recommendations for change from the Yukon Ombudsman’s office.

Ombudsman Jason Pedlar released on Tuesday an investigative report stemming from three separate complaints against the Yukon Human Rights Commission (HRC). It found “unfairness in the organization’s operations” while staff dealt with “an overwhelming caseload.”

The report was prompted by complaints submitted to the Ombudsman’s office over the last two years alleging unfair delay, settlement bias, and unfair processes by the HRC.

The HRC accepted all five recommendations pertaining to its operations, while the Department of Justice accepted two of the three, saying that one recommendation was outside of its authority.

“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 Yukon Human Rights Act,” Pedlar said. 

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

“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,” Pedlar said.

He said he attributed that philosophy to a lack of resources, an overwhelming caseload, and limitations caused by the Human Rights Act itself.

Pedlar said he didn’t think there was any malice behind stressing settlements, but the approach was simply a reaction to the circumstances facing workers.

“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,” Pedlar said. 

“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 Ombudsman recommended that the HRC:

• Implement a written policy on exercising its discretion regarding the application of s.20(1) of the Human Rights Act,
• Expand and clarify its written procedures for a “fair and reasonable” evaluation as s et out in the act,
• Advise Cabinet on how best to harmonize the act and its regulations, 
• Identify instances where activities could be performed by the director and/or staff, rather than legal counsel, and  
• Use case management software which monitors and tracks key performance indicators. 

The three recommendations to the department called for:

• Amending the act so that the HRC is funded at arms-length from government, 
• Supporting the HRC by closing the gap between the Human Rights Act and its regulations through regulations changes, and 
• Increasing the number of HRC members to seven from five.

The Department of Justice gave more funding to the Commission. Core operational funding for the Yukon Human Rights Commission was increased by $255,000 in 2024-25.

In one complaint, the HRC managed to misplace documents. While they were eventually located, the Ombudsman recommended the HRC put a new case management system in place.

Pedlar also said one of the complainants said HRC staff put a significant amount of pressure on the person to settle their case. That was a pattern he noted during his investigation.