Nunavut rights body gets more queries, but few follow through

Bonnie Almon, chair of the Nunavut Human Rights Tribunal. (COURTESY NHRT ANNUAL REPORT)

A growing number of people in Nunavut are exploring possible violations of their human rights, but never take these beyond the initial stages of inquiry.

So says the latest report from the Nunavut Human Rights Tribunal, a watchdog organization responsible for investigating violations under the Nunavut Human Rights Act.

The organization recorded a substantial increase in human rights inquiries to their office from Nunavummiut, according to their 2013-2014 annual report, which covers the period April 1, 2013 to March 31, 2014.

“In recent years, human rights inquiries and notifications have been on the rise with this trend continuing in 2013-2014,” Bonnie Almon, the chair of the Nunavut Human Rights Tribunal, said in the report.

Calls to the office grew substantially since their last report: from 88 recorded human rights inquiries in 2012-2013 to 102 in the most recent report.

Inquiries to the tribunal have increased every year since 2005.

Victims who advance beyond the initial inquiry stage submit a notification, or official complaint, of their alleged human rights violation.

According to their most recent report, the tribunal received 10 such official complaints in their last fiscal year.

That’s down from 16 notifications the previous year. But many files closed when settlements were reached between the parties, the NHRT said.

If no settlement is reached, the case advances to a hearing by the tribunal and its decision is entered into public record — however, the tribunal held no hearings in its last fiscal year.

According to their records, discrimination based on gender or disabilities were the two most frequent grounds for notifications.

Four of the 10 notifications received by the tribunal last year —or, 40 percent— dealt with sexual discrimination. Three notifications were filed on grounds of disability.

Over half of all human rights inquiries to the organization — 52 of 102 recorded — concerned either the workplace or the work-seeking process.

Why then, are so few Nunavummiut failing to advance beyond general inquires of their human rights?

The tribunal recommends that all human rights victims get a lawyer to help them lodge official complaints.

According to the tribunal’s report, the Nunavut Legal Services Board currently has only one full-time poverty lawyer on staff tasked with dealing in matters outside criminal and family law.

The tribunal credits this particular lawyer with helping many individuals file notifications.

One lawyer, however, may not be enough for the volume the tribunal is reporting.

“Several applicants have related to the [tribunal] staff that they are unable to secure legal counsel that have the capacity to deal with human rights issues. Many legal counsels are not taking any new clients on,” states its report.

Applicants are advised to seek legal counsel because the tribunal is, through its mandate, a mediation entity that does not serve an advisory role.

Nunavut is one of two jurisdictions in Canada, the other being British Columbia, that relies solely on a tribunal for upholding its human rights act.

In 2012, human rights experts submitted a report to the Government of Nunavut calling for the creation of a Nunavut Human Rights Commission.

According to the report, a commission would serve as a middle organization between the applicant and the tribunal that could provide advisory assistance and advocate on the victims behalf.

The tribunal website currently lists nine staff and tribunal members.

For more information, or to learn how to file a complaint, you can visit the tribunal website here.