Decisions and Hearings
Disputes are settled by mediation, or by public hearing where both parties may present witnesses, documents and other evidence to support their case, similar to a court of law. The decisions arising from public hearings can be found below.
The Tribunal issues public decisions after holding a public hearing. Public decisions are available below and on CanLII.
In addition to public decisions, the Tribunal issues decisions that deal with procedural matters and whether a claim should go forward to mediation or a full hearing or whether it should be dismissed and the file closed. These decisions are not made public to protect the privacy of the people involved.
These decisions deal with many different issues such as:
- whether the claim is within the jurisdiction of the Tribunal (a claim is not within the Tribunal’s jurisdiction if it is not about an issue that is covered under the Nunavut Human Rights Act);
- whether there is any evidence of discrimination on a prohibited ground under the Act or whether undisputed facts clearly provide a defence to any discrimination;
- whether the claim has been filed more than two years after the last discrimination (with no good reason for the delay); and
- whether the case has already been dealt with in another legal proceeding.
The Tribunal also settles many cases in mediation without the need for a hearing. Mediation is a confidential process.
Public Hearings
The Tribunal has conducted two public hearings.
05-13 Blanchette vs Vendetti was held on July 6, 2011.
06-11 Petaulassie vs Municipality of Cape Dorset was held on December 5, 2011.
Appealing a Decision
Under section 38 of the Act, Applicants and Respondents may appeal decisions made by the Tribunal to the Nunavut Court of Justice. Applicants and Respondents may obtain information about how to file Appeals by contacting the Clerk of the Court at:
Clerk of the Court
Nunavut Court Justice
Iqaluit, NU X0A 0H0
Tel: (867) 979-6100
Fax: (867) 979-6168
Email: ncj.civil@gov.nu.ca