The Complainants – Ms. B, Mr. C, Ms. S and Mr. N – each submitted a complaint to the Yukon Human Rights Commission (“the Commission”) against the Yukon Government, Whitehorse Correctional Centre. In the lead up to the hearing, the Commission and the 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. Following this, the Respondent submitted an application arguing that due to the untimely death of Ms. S, her complaint should be dismissed. The Commission opposed the application to dismiss. It stated that though it was not seeking a personal remedy on behalf of Ms. S, the Commission was still seeking a “systemic remedy based on the evidence relating to all the complainants”.

In making its decision, the Board examined the Yukon Human Rights Act (“the Act”) and its Regulations and considered the role of the Commission. The role of the Commission is distinct from that of the individual complainant. As a party to the hearing, the Commission’s mandate is to make sure complaints are heard and decided on, and to promote the public interest.  The Board recognized that the systemic remedies sought by the Commission were within this mandate.

As such, the Board concluded the following: for the systemic remedies sought to be fully considered, the Commission should be able to bring forward all the evidence relevant to those issues. This should include relevant aspects of Ms. S’s complaint. However, there was no need for Ms. S’s individual complaint to continue. Relying on case law, the Board found that Ms. S’s right to see her complaint through had terminated at her death.

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