How discrimination claims are handled in Nunavut
When discrimination related to housing is alleged in Nunavut, complaints are usually brought to the territorial human rights process and, where tenancy-specific orders are needed, to the residential tenancies body. A human rights complaint focuses on prohibited grounds such as disability, family status, race, sex, or religion and asks for remedies like compensation or changes in policy. A tenancy application asks for orders that affect the rental relationship, such as the right to occupy or instructions to stop discriminatory practices.[1] [2]
Detailed documentation increases your chances of success in disputes.
Who can help and where to file
- File a human rights complaint with the Nunavut human rights office when discrimination is based on a protected ground; the complaint form explains required details and witnesses.[1]
- Submit an application to the Nunavut residential tenancy authority for orders specific to your rental agreement or occupancy rights.[2]
- Contact local legal aid or community legal clinics for help preparing forms, evidence, and hearing submissions.
Evidence and documentation
Successful claims usually rely on clear, chronological evidence. Focus on capturing what happened, who said or did what, and when. Keep copies of everything in one folder or digital file and back it up.
- Gather dated photos, videos, text messages, emails, and written notes describing each incident and the date it occurred.
- Collect witness names and short written statements from neighbours, friends, or service providers who observed discrimination.
- Save receipts showing financial loss (for example, extra moving costs or lost deposits) to support claims for monetary damages.
- Keep copies of the lease, any notices from the landlord, rental postings, and messages that demonstrate discriminatory screening or terms.
Filing a complaint: forms, process, and examples
Below are the common forms and when a tenant would use each. Always read form instructions and ask for help if a section is unclear.
- Nunavut Human Rights Complaint Form — use this form when a landlord or agent refuses housing, evicts, or imposes conditions on a protected ground; for example, file it if you were denied a rental because of a disability and you want compensation and an order requiring accommodation.[1]
- Residential Tenancies Application (tenancy order request) — use this to ask the tenancy authority for orders related to occupancy, repairs required to ensure equal access, or to stop discriminatory conduct affecting your tenancy; for example, request an order forcing a landlord to allow a reasonable accommodation in a unit.[2]
- If you plan to seek both human rights remedies and tenancy orders, check deadlines carefully and consider filing both processes when issues overlap to preserve rights.
Respond to filing instructions promptly to avoid missed deadlines that can end your claim.
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Possible remedies a tenant may seek
The tribunal or board can order several remedies depending on findings and jurisdiction:
- Monetary compensation for loss, injury, or expenses caused by discrimination.
- Orders requiring the landlord to change policies, provide reasonable accommodation, or stop discriminatory practices.
- Declarations of rights or formal findings that an action was discriminatory, which can support future enforcement.
- Referral to support services, and in some cases, agreement-based settlements that include apologies or trainings for staff.
Timelines and the hearing process
Timelines vary by process; human rights complaints and tenancy applications each have filing windows and steps like mediation, case conferences, and hearings. Expect administrative timelines of weeks to months, and prepare for longer waits if the case proceeds to a formal hearing.
- File as soon as possible after the incident; delays can affect the availability of certain remedies.
- Exchange documents with the other party when required and follow directions for evidence disclosure.
- Attend mediation or hearings prepared: bring originals, copies, witnesses, and a clear timeline of events.
In most regions, tenants are entitled to basic habitability standards.
FAQ
- How do I prove discrimination in Nunavut rentals?
- Prove discrimination by showing evidence of differential treatment tied to a protected ground, such as dated messages, repeated patterns, witness statements, and any policy or ad that suggests exclusion.
- Can I file both a human rights complaint and a tenancy application?
- Yes — you can use the human rights process for discrimination and the tenancy board for orders affecting your lease, but follow filing rules and timelines for each process.
- What remedies can I expect if discrimination is proven?
- Remedies may include monetary compensation, orders to change policies or provide accommodation, formal findings, and in some cases, settlements including training or apologies.
How-To
- Gather evidence: collect dated photos, emails, texts, and witness statements that document incidents.
- Choose the right form: complete the human rights complaint form for discrimination claims and a tenancy application for occupation orders.[1]
- Seek advice: contact legal aid or a tenant assistance service to review your documents before filing.
- File promptly: submit forms within stated deadlines and keep proof of filing.
- Prepare for conferences or hearings: organize exhibits, summaries, and witness schedules.
- Follow orders: if a tribunal issues remedies, ensure the landlord complies and ask the board about enforcement if they do not.
Key Takeaways
- Document every incident clearly and promptly to build a strong record.
- Use the human rights process for discrimination and the tenancy process for lease-related orders.
- Get help from legal aid or tenant services to complete forms and prepare for hearings.
Help and Support / Resources
- Nunavut Department of Justice — Human Rights
- Government of Nunavut — Community and Government Services
- Canadian Human Rights Commission
