Jurisdiction of Board of Inquiry

The Nova Scotia Human Rights Commission is going before the Nova Scotia Court of Appeal, Thursday, March 26, to defend the authority of a Board of Inquiry to consider whether provincial legislation is discriminatory.

The Nova Scotia Teachers' Union and the Department of Finance are challenging the board's authority to declare that parts of the Public Service Superannuation Act and Teachers' Pension Act, which define spouse to exclude same sex couples, are discriminatory and to order an effective remedy.

In a Dec. 8, 1997 decision, Patrick J. Duncan, chair of the Board of Inquiry, determined the board has jurisdiction to consider whether the relevant legislation violates the provincial Human Rights Act, and order necessary remedies.

A complaint was filed by Wilson Hodder under the Nova Scotia Human Rights Act on April 11, 1995. Mr. Hodder alleged that he had been discriminated against by the Department of Finance to recognize him as the spouse of his deceased same sex partner under the Public Service Superannuation Act.

Grant MacNeil, who is now deceased, also filed a complaint on April 12, 1995, against the Department of Finance and the Nova Scotia Teachers' Union. He alleged that they failed to consider his same sex partner as his spouse under the Teachers' Pension Plan and Nova Scotia Teachers' Union medical plan.