Five Complainants – Ms. B, Mr. C, Ms. S, Mr. C and Mr. N – each submitted a complaint to the Yukon Human Rights Commission (“the Commission”) against the Yukon Government, Whitehorse Correctional Centre. Subsequently, the Commission and the five Complainants submitted an application to the Yukon Human Rights Board of Adjudication (“the Board”) requesting to consolidate the complaints so that they could be heard together. The Respondent consented to consolidating four of the complaints but was opposed the inclusion of Mr. C. They alleged that Mr. C’s complaint was more recent and as such, was not at the same stage of readiness as the other four complainants.
In its analysis, the Board considered factors relevant to deciding whether human rights complaints should be heard together. In this situation, all five complaints were brought against the same Respondents and pertained the treatment of the Complaints while incarcerated at Whitehorse Correctional Centre. Consolidating these complaints would reduce the overall time needed to hear the case and would avoid repetition of evidence, including expert witnesses. Nevertheless, the Board agreed with the Respondent’s assertion that Mr. C’s complaint was not at the same stage of readiness as the other complaints. Because it was a much more recent complaint, it had yet to reach the same stage in the pre-hearing process. It also differed from the other four complaints in that it was the subject of a long investigation. The other four complaints were referred to the Board without investigation.
Therefore, the Board decided that it was appropriate to consolidate the first four complaints. However, Mr. C’s complaint was not included.