Yukon – Filing Human Rights Complaint

Instructions, Resources and Help lines

https://thinkhumanrights.ca/the-complaint-process/

If a business has denied you service for not wearing a mask or requested proof of vaccination, they 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 obtains a business license, they are open to the “public” and they are not permitted to request proof of vaccination or discriminate against anyone who decides not to wear a mask. No exemption required as you have the right to choose.

The bottom line is that there is no law in Canada that states that citizens have to wear a mask. There is no legislation on wearing a mask because the government would be in violation of the Constitution, Charter of Rights, Bill of Rights and International agreements on Human Rights. You cannot force a medical treatment or interfere with a person’s bodily autonomy or right to breathe freely.

Take off the mask, refuse the experimental “vaccine” and embrace your God-given inalienable right to breathe freely. You have the right to decide what goes into your body and the right to life, liberty and security of the person!

Pursuant to section 52 of the ***Constitution Act, 1982*, Canada’s constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid.**

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.

Discrimination, for the purposes of the Yukon Human Rights Act, occurs when a person or group is treated unfavourably because of a protected personal characteristic. The Act lists all the personal characteristics that are protected from discrimination, which are referred to as protected grounds. Some listed below;

Political belief, political association, or political activity
Religion or Creed, or religious belief, religious association, or religious activity
Physical or mental disability

Everyone has the right to be free from discrimination based on any of these grounds, so long as the treatment in question happened in an area protected by the Yukon Human Rights Act. The areas are:

Employment
Housing
Services, goods, and facilities
Membership in in a union or occupational, trade, or professional association
Contracts

In order for a Complainant to successfully claim that they have been discriminated against, they will need to establish that their protected characteristic was a factor in why they were treated unfavourably. Although the individual or organization named in a complaint does not need to intend to discriminate against a Complainant, the Complainant will be unable to establish their claim if they are unable to prove a sufficient link between the unfavourable treatment and their protected characteristic.

(It’s a good idea to record all information (when, where and who) on video or voice recording, and if possible, have a witness with you)

Yukon Human Rights Act

PART 1

BILL OF RIGHTS

Right to freedom of religion and of conscience

3 Every individual and every group shall, in accordance with the law, enjoy the right to freedom of religion, conscience, opinion, and belief. S.Y. 2002, c.116, s.3

Prohibited discrimination

9 No person shall discriminate

(a) when offering or providing services, goods, or facilities to the public;

Systemic discrimination

12 Any conduct that results in discrimination is discrimination. S.Y. 2002, c.116, s.12

Harassment

14(1) No person shall

(a) harass any individual or group by reference to a prohibited ground of discrimination;

(b) retaliate or threaten to retaliate against an individual who objects to the harassment.

Who Can Help?

Yukon Human Rights Commission

If you have any questions about the discrimination or human rights complaints, take a look at What is a Human Rights Complaint, or contact the Commission.

Although anyone is free to file a complaint with the Commission at any time, the Yukon Human Rights Commission will only accept a complaint for investigation if an individual alleges discrimination on the basis of a protected characteristic (i.e. disability or religion) and was not accommodated. The Yukon Human Rights Commission does not have jurisdiction to accept a complaint for investigation if the refusal to wear a mask is due to a personal preference, as that circumstance does not involve a protected characteristic.

Website: yukonhumanrights.ca

Phone: 867-667-6226

Free General Legal Advice

LUKE FOUGHT LAWYER – CIVIL AND CRIMINAL LITIGIATION

301-303 Alexander Street
Whitehorse, Yukon

Y1A 2L5

Phone: 867.667.2099
Email: [email protected]