September 16, 2025
Dear Ombudsman Pedlar:
Re: Implementation of Recommendations from the 2024 Investigation Report
I am writing to provide you an update on the implementation of the five (5) recommendations that investigator Kelly Hjorth made to the Yukon Human Rights Commission (the “Commission”) in his August 2024 Investigation Report (the “Report”). I also call on you to persist in your oversight of three critical recommendations made to other authorities.
The team at the Commission has worked tirelessly over the last 12 months to address your office’s concerns and uphold the highest standards for access to justice. We have made gains. The Commission has implemented the following two (2) recommendations made to us in the Report:
- Recommendation 3: Submit recommendations to the Executive Council to harmonize the Yukon Human Rights Act (the “Act”) with its Regulations such that it addresses gaps; and
- Recommendation 5: Evaluate and select comprehensive case management software that monitors and tracks key performance indicators.
Three recommendations are in progress:
- Recommendation 1: Implement a written policy on the Director’s exercise of discretion regarding the application of each subsection of s. 20(1) of the Act;
- Recommendation 2: Expand and clarify the Commission’s written procedures for the Act’s “fair and reasonable evaluation” in s.20(1)(g); and
- Recommendation 4: Map current duties of General Counsel for the authority and identify instances where the activities could be performed by the Director of Human Rights or a human rights officer, operational constraints notwithstanding.
In response to Recommendation 5, the Commission adopted the same electronic case management software used by the Ombudsman. We also updated our software suite and changed dozens of information management procedures. The complaint intake system was overhauled, and an online complaint submission function was introduced to improve accessibility. More than 1,900 inquiry and complaint files were migrated to the new system to inform evidence-based policies and procedures, as well as to facilitate more detailed reporting.
The Commission received less than 15% of the cost of adopting this system from the Department of Justice. We relied on internal capacity and emergency funds to purchase, develop, and implement the new system. Achieving this milestone required difficult decisions about priorities. Without the emergency fund or any changes to our funding structure, more difficult decisions are on the horizon.
The Commission also submitted recommendations to amend the Act in alignment with the gaps identified by the Report and engaged in the research and public consultation processes to complete Recommendation 3.
The Commission shares your values that policies and procedures are important to ensure procedural fairness. Advancement in this area is a continuous exercise. The Commission has made inroads in research and drafting related to the Ombudsman’s Recommendations 1, 2, and 4. More time is needed as the team is dedicated to the major change management associated with Recommendations 3 and 5 on top of regular business.
Crucially, the Report noted that the Commission requires action by the Government of Yukon (“YG”) to uphold the highest standards of access to justice:
“As some of the issues surrounding funding, independence, and amendments to the [Act] are beyond the control of the Commission, we have made recommendations to the Department [of Justice] directly.”[1]
YG has not implemented the following recommendations from the Ombudsman:
- Amend the Act so that the [Commission] is funded directly by the Legislative Assembly or allow them to make submissions directly to Management Board.
- Remedy the gaps identified in the report, in consultation with the [Commission], new or amended regulations for clarity and harmonization with the Act.
- Amend the Act so that the Commission, as described in sections 3 and 4 of the Act, is increased from a maximum of five (5) to a maximum of seven (7) members.
The Commission supported the Department of Justice in their efforts to address the recommendations made to them by the Ombudsman.. We engaged extensively in the legislative amendment process, met regularly with officials, and submitted nine (9) separate funding requests for the fiscal years 2024/25 and 2025/26. These were not successful and the systems and structures that constrain our work remain.
We regret to report that increasing the workload of Commission staff to undertake the above without corresponding support has increased the time it takes to process complaints. The Commission retired positions from its organizational chart in response to funding changes in 2024. Currently, we have no choice but to keep other positions vacant because of inadequate funding.
I am proud of the Commission’s progress and commit publicly to continue strengthening how we address the mandate assigned to us by law. Our mandate is the at the core of Canadian values and necessary for a thriving Yukon in a changing world. The remaining changes called for by the Ombudsman are not possible without amendments to the Act and its Regulations, as well as protections for our independence.
I look forward to ongoing collaboration with your office and urge you to insist on meaningful responses from the Department of Justice and the authority responsible for how the Commission is funded.
Sincerely,
YUKON HUMAN RIGHTS COMMISSION
Karen Moir,
Director of Human Rights
Cc: Speaker of the Yukon Legislative Assembly, Jeremy Harper
Hon. Minister Tracy-Anne McPhee
Commission Members Dougherty, Mason, Cross and Tlen
[1] August 2024 Press Release by the Ombudsman: https://yukonaccountability.ca/ombudsman/news/2024-08/yukon-human-rights-commission-investigated-fairness#:~:text=WHITEHORSE%20%E2%80%93%20The%20Yukon%20Ombudsman%20has,the%20Department%20of%20Justice%20combined.