A human rights complaint is a complaint brought under the Human Rights Act (Act) by a person who believes that they been unlawfully discriminated against.
A complaint is a statement by a person that they believe that another person or persons has discriminated against them. In this context, discrimination means that someone has treated them unfavourably in one or more areas protected under the Act, and that at least one protected ground (characteristic) was a factor in why they were treated that way.
There may be other grounds or areas for discrimination. For example, someone might discriminate against a person because of their hair colour or because they do or don’t like their taste in movies, but that discrimination is not prohibited under the Yukon Human Rights Act and a complaint cannot successfully be brought in respect of it. The same goes for an individual saying racist things on their personal social media page, or saying sexist things on the street. They may be morally wrong, and in some cases may rise to the level of criminality, but likely do not engage a protected area of the Act and therefor may not give rise to a successful human rights complaint.
Harassment based on any of the protected grounds, in any of the protected areas, is also a form of discrimination.
A complaint will only be accepted for investigation by the Yukon Human Rights Commission if it meets certain criteria. For more information please read the section on elements of a human rights complaint.
If a complaint is accepted for investigation, there are a number of possible outcomes. These include settlement, later dismissal or abandonment of the complaint, or a decision by the Yukon Human Rights Panel of Adjudicators. For more information about the complaint process, take a look at this section.