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.
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.
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.