Nunavut – Filing a Human Rights Complaint
Instructions, Resources and Help lines
If you have been denied service due to not wearing a mask, business owners could be held liable for a fine (up to $75,000 as it varies in each province) if you file a human rights complaint.
A business is not “private”. When a business owner obtains a business license, they are open to the “public” and they are not permitted to discriminate against anyone who is exempt from wearing a mask.
Federal Privacy Act: Nobody has the right to request to see an exemption. It is a violation of your privacy rights under the Privacy Act. This is your personal medical information between you and your physician.
What is personal information under the Privacy Act? Click Here Privacy Act
“The Privacy Act offers protections for personal information, which it defines as any recorded information “about an identifiable individual.”
Covid-19 measures must comply with our Constitution, including our Charter, they do not nullify nor supersede them, nor is there any express mention in any such law, statute, regulation, order or Guidance to do so.
Dr. Michael Patterson, Nunavut’s Chief Public Health Officer lists the mask exemptions in PUBLIC HEALTH ACT, S. Nu. 2016, c. 13
- A person is exempt from the mask requirement set out in paragraph 15 if the person:
a. is less than 2 years of age, or age 2 to 4 years and their caregiver cannot persuade them to wear a mask;
b. cannot wear a mask due to a medical condition;
c. is reasonably accommodated by not wearing a mask in accordance with the Human Rights Act;
d. is in the public place receiving care or being provider a service or while participating in an activity requiring the mask to be removed, in which the person may remove the mask for the duration of the care, service, or activity;
e. removes the mask momentarily for identification or ceremonial purposes;
f. is in a court, or a room where a proceeding or meeting of an administrative tribunal or institution of public government is being held; and
g. is consuming food or a beverage in a food service establishment, licensed premises as defined in the Liquor Act, theatre, their place of work, or in any other location where food and beverages are being served.
Whereas it is just and consistent with Canada’s international undertakings to recognize and make special provision for Inuit culture and values that underlie the Inuit way of life;
Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world and is in accord with the Universal Declaration of Human Rights as proclaimed by the United Nations;
And whereas human rights must be protected by the rule of law; The Commissioner of Nunavut, by and with the advice and consent of the Legislative Assembly, enacts as follows:
Part 1 Purpose
- The purposes of this Act are to acknowledge within the framework of Inuit Qaujimajatuqangit that the Government, all public agencies, boards and commissions and all persons in Nunavut have the responsibility to guarantee that every individual in Nunavut is afforded an equal opportunity to enjoy a full and productive life and that failure to provide equality of opportunity threatens the development and well-being of all persons in the community.
Part 2 Prohibited grounds of discrimination
- (1) For the purposes of this Act, the prohibited grounds of discrimination are race, colour, ancestry, ethnic origin, citizenship, place of origin, creed, religion, age, disability, sex, sexual orientation, gender identity, gender expression, marital status, family status, pregnancy
(6) No person shall, on the basis of a prohibited ground of discrimination, harass any individual or class of individuals
(a) in the provision of goods, services, facilities or contracts;
(b) in the provision of commercial premises or residential accommodation;
(c) in matters related to employment; or
(d) in matters related to membership in an employees’ organization, trade union, trade association, occupational or professional association or society, employers’ organization or co-operative association or organization. S.Nu. 2017,c.8.
Who Can Help?
Nunavut Human Rights Tribunal
If you think that you have experienced discrimination or harassment in Nunavut, within the last two years, you should contact the Nunavut Human Rights Tribunal Office, located in Coral Harbour, to ask for information and get a Notification form to fill out.
The staff of the Nunavut Human Rights Tribunal are here to speak with you. If you have questions about the Tribunal, filing a Notification, or your rights under the Act, please send us a message at:
Nunavut Human Rights Tribunal
PO Box 15
Coral Harbour, NU X0C 0C0
Toll free: 1-866-413-6478
Email: [email protected]
Free General Legal Advice
Nunavut Legal Services Board
As the territory’s legal aid plan, LSB is responsible for providing legal services to financially eligible Nunavummiut in the areas of criminal, family and civil law.
QUSAGAQ LAW OFFICE
691B Palaugaa Lane, Iqaluit Law Chambers, PO Box 747
Iqaluit NU X0A 0H0
Email: [email protected]
Phone: (867) 979-0678
Disclaimer: This information is not intended to be used as legal or health advice. We encourage you to do your own research.
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