Human Rights

Many of the calls received by the Special Investigations Unit’s Legal Navigator are from First Nation citizens who believe that their human rights have been violated.  Without becoming involved in issues that concern internal First Nation politics, labour unions and/or court orders dealing with any and all family matters, the objective of the Legal Navigator is to first, gather as much background information as possible from the First Nation citizen concerning his/her issue.

Secondly, the Legal Navigator strives to provide First Nation citizens with as much education as necessary for them to make an informed decision with respect to how they are going to proceed.  In essence, education functions as a tool of empowerment that allows one to assert his/her own rights and responsibilities.

For example, in Saskatchewan, it is against the law to be discriminated against because of one’s religion, creed, marital status, family status, sex, sexual orientation, disability, age, colour, ancestry, nationality, place of origin, race or perceived race and/or receipt of public assistance.  These “prohibited grounds” for discrimination are contained within Section 2 (1)(m.01) of The Saskatchewan Human Rights Code and according to The Saskatchewan Human Rights Commission website, www.shrc.gov.sk.ca, these grounds apply to contracts, education, employment, housing, professional trades and associations, public services, publications, purchase of property, occupations and trade unions.  The Code, however, is silent with respect to criminal history.  This means that it is not against the law for potential employers in the public sector to ask questions that relate to one’s criminal history. This is not to be confused with The Canadian Human Rights Act where, in all areas of employment under federal jurisdiction, “pardoned conviction” is a prohibited ground for discrimination.

If a First Nation citizen believes that he/she has experienced an act of discrimination, he/she may contact an intake consultant with the Saskatchewan Human Rights Commission to make an official complaint within two (2) years of the occurrence of the incident.  Once the complaint has been determined to be valid on its face and official, it is then submitted to the Commission.  The other party will then be contacted so that their response can be obtained and at this point, the Commission will either: (a) attempt to mediate and settle the complaint; (b) investigate it; (c) send it to The Saskatchewan Human Rights Tribunal for a hearing and a decision; or (d) simply dismiss it.

The Legal Navigator with the Special Investigations Unit is available to assist the First Nation citizen as he/she proceeds through the abovementioned process to ensure that the complaint has been properly and thoroughly investigated by The Saskatchewan Human Rights Commission.  However, the determination to see it through must be displayed by that of the First Nation complainant, as ultimately, the experience belongs to them.