Proving Discrimination as a Tenant in Nunavut

If you’re a tenant in Nunavut and believe you’ve faced discrimination while renting, it's important to know your rights and how to take action. Discrimination is prohibited by law, but proving it in a rental context can be challenging. This article explains what discrimination means under Nunavut law, outlines how to gather evidence, file a complaint, and connect with resources for tenant support.

Understanding Discrimination in Nunavut Rentals

Discrimination in housing means being treated unfairly or denied equal opportunity based on certain characteristics that are protected by law. In Nunavut, the Nunavut Human Rights Act protects tenants from discrimination on grounds such as race, age, disability, family status, sex, sexual orientation, religion, and more^[1]. Landlords and property managers cannot refuse to rent, evict, or treat you poorly because of these protected grounds.

What Counts as Discrimination?

• Being denied a rental unit due to your race, nationality, or language
• Facing stricter rules or eviction threats because you have children
• Not being allowed to keep a guide dog if you have a disability
• Harassment or unfair treatment based on gender, orientation, or religion

Not all unfair treatment is discrimination, but if it relates to the grounds above, you may have a case. For more on tenant rights and common disputes in Nunavut, see Tenant Rights and Landlord Rights in Nunavut.

How to Gather Evidence of Discrimination

To prove discrimination, you need clear evidence showing what happened to you and why you believe it was discriminatory. Evidence can include:

• Written communications: Save emails, texts, and letters between you and your landlord or property manager.
• Witness statements: Ask anyone who saw or heard discriminatory acts to write a statement.
• Records of what happened: Write down dates, times, what was said, and who was present if incidents happen in person.
• Comparisons: Note if other tenants are treated differently in similar situations.

Tip: The sooner you start collecting evidence after a discriminatory act, the stronger your case can be. Save all documents and keep a written log.

Making a Complaint: Official Forms and Where to File

Discrimination complaints related to rental housing are handled by the Nunavut Human Rights Tribunal. This independent body investigates claims under the Nunavut Human Rights Act and, if necessary, holds hearings.

How to File a Discrimination Complaint

• Form Name: Human Rights Complaint Form
• When to Use: If you believe a landlord has discriminated against you on a protected ground, and informal attempts to resolve the issue have failed.
• How it Works: You fill out the form, attach your evidence, and submit it to the Tribunal. Someone at the Tribunal will review your complaint, may request further information, and decide if a hearing is warranted.
• Official Link: File a complaint with the Nunavut Human Rights Tribunal

You can submit forms by mail, in person, or electronically. A Tribunal staff member will explain the next steps once your complaint is received. If possible, consult a local tenant advocate or legal service for help preparing your form and evidence.

What Happens After You Complain?

After you submit your complaint, the Tribunal will:

• Review your complaint for completeness and eligibility
• Notify the landlord or respondent
• Attempt to solve the dispute through mediation if possible
• If unresolved, hold a formal hearing, where both sides share their evidence
• Issue a decision and, if discrimination is found, order remedies such as monetary compensation or changes to landlord policies

This process can take several months, depending on complexity. Document every new development throughout so you have a strong case.

Your Rights and Responsibilities

Both tenants and landlords have legal rights and duties. Familiarizing yourself with the Nunavut Residential Tenancies Act helps you understand the rules for problems like maintenance, repairs, and more. If your issue involves another problem — say, maintenance isn’t being done or you’re having trouble getting your security deposit back after discrimination — you may also want to review Common Issues Tenants Face and How to Resolve Them.

FAQ: Nunavut Tenant Discrimination Questions

1. What if my landlord says there’s no vacancy, but then rents to someone else?
   If you suspect the landlord refused to rent to you due to discrimination (protected ground), gather proof (such as communications or witness statements) and consider filing a complaint with the Nunavut Human Rights Tribunal.
2. Does the Nunavut Residential Tenancies Act cover discrimination?
   The Act outlines general rental rules, but specific discrimination complaints must be filed under the Nunavut Human Rights Act through the Nunavut Human Rights Tribunal.
3. How long do I have to file a discrimination complaint?
   Typically, you should file your complaint within one year of the discrimination incident. Delays may make it harder to prove your case.
4. What if I need help collecting evidence?
   Contact local tenant advocacy organizations, legal aid services, or the Tribunal for guidance on what evidence to provide.

Key Takeaways for Tenants

• Discrimination in housing is illegal in Nunavut on grounds protected by the Nunavut Human Rights Act.
• Document everything: save emails, gather witnesses, and keep detailed records if you face discrimination.
• File your complaint with the Nunavut Human Rights Tribunal using their official forms and instructions.
• Learn more about your basic rights at Tenant Rights and Landlord Rights in Nunavut.

Need Help? Resources for Tenants

• Nunavut Human Rights Tribunal – Official body handling rental discrimination complaints in Nunavut.
• Nunavut Legal Aid – Free legal support for tenants who qualify.
• Government of Nunavut – Information for Tenants
• Local advocacy groups and community legal clinics can provide help gathering evidence or understanding your rights.

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1. Nunavut Human Rights Act: Read the full Nunavut Human Rights Act here
2. Nunavut Residential Tenancies Act: See Nunavut Residential Tenancies Act
3. Nunavut Human Rights Tribunal: Nunavut Human Rights Tribunal official site

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