Human Rights Act (Nunavut)

The Human Rights Act is a law passed by the Legislature of the territory of Nunavut, located in the northern regions of Canada.

The act ended Nunavut's status as the only jurisdiction in Canada at that time without human rights protections for gay, lesbian and bisexual residents.

[6] As well, the Canadian Human Rights Act now had reduced application within Nunavut, and did not apply to matters covered by the territorial legislation.

[7] The act begins with a general purpose clause: ... 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.

In his presentation to the Legislative Assembly, Okalik made this point very clear: "This is to enhance and further protect what is already included in the Nunavut Land Claims Agreement.

If it concludes the complaint is substantiated, the Tribunal has extensive remedial powers and can issue orders against a party in breach of the act.

Progressives were disappointed that the bill, unlike similar legislation in the Northwest Territories, did not recognise gender identity as a protected ground.

The Court held that omitting sexual orientation from a comprehensive human rights statute would be discriminatory, contrary to the Charter.

While the group acknowledged that courts had already recognised transgender people as protected from discrimination under the grounds of sex, the spokeswoman pointed to similar legislation enacted in the Northwest Territories that referred to gender identity as a model.

Premier Paul Okalik, who introduced the Human Rights Act
Chamber of the Legislative Assembly
Coral Harbour, location of the Nunavut Human Rights Tribunal