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News archive for December 22, 2010

Man sues human rights commission for $2 million

A Whitehorse man says the Yukon body that is supposed to protect people’s human rights has trampled his.

By Justine Davidson on December 22, 2010 at 4:18 pm

A Whitehorse man says the Yukon body that is supposed to protect people’s human rights has trampled his.

David Ausiku is suing the Yukon Human Rights Commission for $2 million, claiming “systematic denial of service”, “discrimination”, “defraudation (sic) of perverting the truth from (his) writing” and “causing events to occur negatively instead of making them simple.”

In documents filed in Yukon supreme Court on Monday, Ausiku lists six complaints he has made to the commission since 1994.

All of them, he says, have been either dismissed without first being properly investigated or completely ignored.

The commission receives and investigates complaints about breaches of the Yukon Human Rights Act.

Mediators at the commission attempt to resolve issues between the parties, and if that doesn’t work, cases are heard by the human rights tribunal, a separate body.

Starting in April 1994, Ausiku complained to the commission he was fired from a truck driving job “for no reason” and his duties were given to another employee.

The next month, he was back at the commission to complain that the Yukon motor vehicles branch had downgraded his Alberta Class 1 licence to a Yukon Class 3 “for no reason.”

Ausiku, who emigrated to Canada from the African continent, lodged his third complaint in May 2006.

That one was against a local doctor who had stitched up his hand after a workplace mishap. He was upset because the doctor sent him back to work instead of recommending he take a week off to recuperate.

It is not clear in his statement of claim what the human rights issues were in any of the situations.

A month later, he went to the commission saying he had been “harassed, embarrassed and humiliated” in a classroom. In his statement of claim, Ausiku says the commission “refused to ask about it.”

In March 2009, he claims, he was the victim of racism, and once again, the commission failed to properly investigate his claim.

The final straw, and the issue that has kept Ausiku in and out of court for the past year, occurred last December, when he was fired from his job at the Canada Games Centre.

According to Ausiku, he got into a verbal altercation with a child who was being rude, and physically dragged the boy to the front desk. Games centre management said his reaction was over-the-top and inappropriate.

He went on to sue the manager, claiming incitement of hatred, deprivation of livelihood and “conspiring with workers by trying to cause harm or death against me.”

He lost that suit but is taking it to the B.C.-Yukon Court of Appeal.

In this case, he claims the human rights commission is a “source of emotional and psychological suffering” for him.

“I have a right to complain to the law for mistreating me and denying me services which I am entitled to by the Canadian Charter of Rights and Freedoms,” he writes in his claim.

A case management conference is scheduled for Jan. 5, 2011.

CommentsAdd a comment

bedrock billy

Dec 22, 2010 at 4:41 pm

Sounds to me this Ausiku is looking for a free ride. I don’t know what they told him in his native country, but in Canada you contribute to society. Not whine and complain every time something happens to you. And by the way, sir, grabbing children and dragging them anywhere is not allowed in Canada. You should have been charged with assault. You would have if I had been the parent.

anonymous

Dec 22, 2010 at 5:15 pm

If it happens once or twice maybe it is the other people that are to blame but if it happens SIX times then maybe you are to blame.  Seriously?  A doctor doesn’t give you the time off you want so you think they are discriminating against you?  As for the child at the Canada Games Centre you are lucky the parents didn’t have you arrested and charged with assault.

jack malone

Dec 22, 2010 at 6:48 pm

Human rights are important and fundamental to our dignity and being - but people, like Ausiku, trivialize and abuse human right processes.  Ultimately this may serve to undermine the credibility and importance of human rights for many people.  Clearly this is an harassment claim which is fishing for a few dollars - it will get tossed. 

cuttingedge

Dec 22, 2010 at 10:16 pm

The best way to come to Canada is to leave your baggage at home.

David K. Ausiku

Dec 22, 2010 at 11:49 pm

Thank you for commenting about Ausiku story. To be a lawyer or a judge is not a license to pervert the justice system or to ignore the law of the country. If justice in our country Canada is justice for all, then comment after the whole story is presented in court. I am inviting all human rights activists to hear what happened, and what forced me your fellow human rights activist to act based on Canadian Charter of Rights and Freedoms.

Nathan Avram

Dec 23, 2010 at 7:17 am

Cuttingedge: reverse would have been better.  He should have sent his baggage to Canada, but stayed at home himself.

Yukon Max

Dec 23, 2010 at 12:23 pm

Regardless of how you feel about the merits of Mr. Ausiku’s case(s), his personality or his character, there is no need to be rude and condescending.

Give the man his due, but there is no need to be nasty about it.

AJCarter

Dec 23, 2010 at 3:55 pm

Six complaints, two million, it’s the United States you’re looking for.

cuttingedge

Dec 23, 2010 at 4:04 pm

My previous tongue in cheek comment applies to anyone emigrating to Canada.

If you are not protected by a union or a contract, an employer can fire you any time he likes for no good reason other than he doesn’t like you, doesn’t like your attitude etc. end of story.
If a Dr sends you back to work with a work place injury it’s a Workers Compensation Issue, and/or a complaint for Consumer and Corporate Affairs to look into. Try asserting your human/workers rights with Workers Compensation and see how far you get!
If you manhandle and discipline someone else’s child because you can’t keep your cool you have violated the child’s human rights to be protected from people who don’t understand Canadian social rules. Try talking to his dad about the issue instead of taking the law into your own hands. Who was there to argue the child’s side of the altercation? And who’s child is next to get pushed around if you don’t get fired or disciplined? So it looks like Mr Ausiku is a human rights activist from the African continent in Canada going to the wrong people to seek justice for what he considers to be violations of his Human Rights. I can tell you the Judge’s verdict right now, frivolous and vexatious.
Good Luck.

anonymous

Dec 23, 2010 at 5:01 pm

You know I might have taken you more seriously if you were not suing for 2 million dollars.  I’ve always said that if you truly believe something is right then leave the money out of it. 

It’s also very difficult to believe when you have six complaints, two of which I most definitely believe you are in the wrong (the doctor and the child).

Good luck to you.  I don’t think abusing our system is the way to go but good luck just the same.

bedrock billy

Dec 23, 2010 at 5:27 pm

Yukon Max: who is being nasty. Freedom of speech is one of our most cherished rights. Who are you to condemn us when we express our views. We read the news report and then commented on it. And other than your condemning comment, you had absolutely nothing to contribute. Do you even have a view. If not then mind your own business and let us contribute our opinions. After all, that is why this Newspaper has given us this privilege.

doraine williams

Dec 23, 2010 at 11:35 pm

I believe that this man is just out to sue for the money!  He is from the African continent?  Where there is no Human Rights, as we all know from the news!  I am a hard working taxpayer, and well I don’t feel that I should have to pay for every immigrant that comes to Canada, claiming refugee status… than sues our Government….

riley North

Dec 25, 2010 at 11:22 am

Regardless of whether he is right or wrong, in Canada, he has the right to due process.  As the process unfolds, therein lies the protection of Canadian Human Rights.

Don Joe

Dec 26, 2010 at 1:58 pm

How many Canadian born, tax paying, country loving people do you see going to the Human Rights because a Doctor is doing their job!?  How many go to the Human Rights because they throw children around and get fired? You are scamming our country, our Human Rights tribunal and our court system with your actions Ausiku and if these comments are any indication, you have no support outside your own mind.  Earn your $2 million by hard work and discipline instead.

Pablo

Dec 27, 2010 at 6:15 pm

And Canada encourages immigration?  So many problems in today’s society (not all) are contributed but SOME immigrants who now call Canada home.  Canada needs to tighten their belts and watch who comes into this wonderful country.

north one

Dec 27, 2010 at 8:25 pm

Good thing you didn’t manhandle my child in your fit of rage.  If you had, I’d have had you arrested and charged with assault.
And for all you folks calling for this guy’s due process, give your heads a shake…our courts are clogged, many with cases that actually matter; this guy’s is not one of them.

Eek! It's me!

Dec 31, 2010 at 5:17 pm

Be careful what you say or this man may try to sue you for slander!

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