Nunavut Human Rights Tribunal rules in Cape Dorset man’s favour

An April 16 ruling by the Nunavut Human Rights Tribunal has awarded a Cape Dorset man more than $20,000 in damages and lost wages for discrimination he faced during a 2005 job competition.

Cape Dorset resident Peter Petaulassie filed a complaint under the territory’s human rights act in 2007, alleging he suffered discrimination on the grounds of race and family status when the local hamlet wanted to hire a new recreation coordinator in May, 2005.

Petaulassie argued that he faced discrimination because he wasn’t related to the hamlet’s then-director of recreation, Cheryl Constantineau.

In addition to Petaulassie, two other candidates applied for the coordinator position in 2005. Candidate William Sandoval, Constantineau’s common-law son-in-law, was hired for the position shortly afterwards.

But Petaulassie pointed to the hamlet’s hiring policy, which says that every effort must be made to ensure that local community members are given priority in the hiring practice of all jobs.

Sandoval had only lived in Cape Dorset for a matter of months at the time he was hired, while Petaulassie argued that he was born and raised in the community.

The tribunal’s ruling found that Petaulassie was “qualified for the job” although adjudicators did not have evidence concerning the qualifications of the successful candidate, due to the hamlet’s “lack of participation” in the hearing process.

Petaulassie said he was forced to leave the community to look for employment elsewhere.

“He stated, and I accept, that the impact of learning that a family member had been preferred over him and that he could not remain and work in his own community made him feel ‘sick to his stomach’ and had a significant impact on him,” wrote tribunal member and adjudicator Bonnie Almon in the April 16 decision.

“I find that Mr. Petaulassie was not given an equal opportunity to compete for a job with the hamlet and that this was because he was not related to someone who worked there,” Almon said. “I find that this constitutes discrimination based on family status.”

Petalassie asked for $10,000 in compensation for injury to dignity and self-respect, along with a third of the job salary plus a pro-rated share of its Northern Living Allowance.

The tribunal ruled that the hamlet of Cape Dorset now has 30 days to pay Petaulassie $20,314.89 in compensation.

The Petaulassie decision was the tribunal’s second ruling since it formed in 2004.

The tribunal has received 64 official complaints in that time, or notifications, as they are called in Nunavut.