Christine Grant (“Grant”) filed a complaint with the Yukon Human Rights Commission (the “Commission”) against Government of Yukon, Department of Highway and Public Works (“HPW”) on May 5, 2023. A Yukon Human Rights Board of Adjudication (the “Board”) heard the complaint over five days from July 6 to 10, 2026, with closing submissions on July 17, 2026. On August 28, 2026, the Board issued a decision finding harassment.

Grant was a heavy equipment operator who worked on numerous sites throughout the Yukon. She alleged that she experienced racial and sexual harassment from HPW staff, including numerous negative comments and jokes regarding indigenous people and inappropriate staring at her breasts by a co-worker from the fall of 2020 to the winter of 2022/2023.

HPW denied Grant’s allegations.

The Commission’s took the position that Grant was harassed and discriminated against on the basis of ancestry and sex, by her co-workers, contrary to subsections 7(a) and (f), 9(b), and 14(1)(a) of the Yukon Human Rights Act (the “Act”). Furthermore, the Commission argued that HPW was liable for their employees’ discriminatory conduct pursuant to section 35 of the Act.

The Board, comprised of Chief Adjudicator Hartling, members Chan and Larouche found that:

  • Grant told Johnstone to refrain from making comments calling Fox Point Subdivision as “31st Ave”, but the continued to make the comments. By continuing to make the comments, the Board found his comments to be “vexatious”. Johnstone had knowledge that the comments were unwelcome to Grant.
  • Johnstone made a comment at a tailgate meeting, that the men were “outnumbered” but that didn’t mean the women got to have an opinion. The Board found the comment “vexatious” and a derogatory comment about women, which a person would reasonably have known was unwelcome.
  • Johnstone continued to make derogatory comments regarding beavers, calling them “effing beavers” and “they’re just dirty”, after Grant advised the whole crew, including Johnstone, of their cultural significance. The continued comments were “vexatious” and he had knowledge that they were unwelcome.
  • After receiving a request to plow a driveway of a First Nations person, Johnstone hung up and said “we don’t work on Indian Land”, which was considered discriminatory related to ancestry and part of Johnstone’s vexatious conduct.
  •  HPW appeared to be satisfied that transferring Grant to Swift River was sufficient to meet their obligation to prevent and rectify the conduct. However, Grant’s transfer in June of 2022 was at her request and not a remedial action by HPW.
  • HPW did not tell Johnstone to avoid attending camps when Grant was present but Grant was told by HPW to avoid interacting with Johnstone, if he attended her camp. The Board considered this “callous” and displayed to Grant the “lack of seriousness” with which HPW considered her complaint.
  • A Letter of Expectation that was sent to Johnstone after Grant made her allegations against him was “complimentary” and not disciplinary. HPW did not deal with the situation, nor did the letter rectify the situation.
  • The Board ultimately concluded that HPW did not prevent or rectify the situation as required by section 35 of the Act and was therefore liable for the conduct of its employees.
  • With respect to Grant’s complaint of inappropriate staring by her co-worker in Swift River, the Board concluded that there was insufficient evidence to substantiate the complaint on a balance of probabilities.

The Board found that HPW’s conduct had an adverse impact on Grant. Grant testified that the comments “took a job that I loved and turned it into a place that I hated to go to. She testified that she was “extremely stressed” and it started to take a toll on her mental health. Her absences from work increased.
The Board awarded $20,000 in damages for injury to dignity and self-respect, and $24,000 for lost wages to Grant. In assessing remedies, the Board emphasized that ancestry is integral to a person’s being. Johnstone’s comments were not only derogatory to Grant, but also to her community.

Download PDF of the final decision here.