Preliminary Hearing to be held in Patronage Complaint
HUMAN RIGHTS COMMISSION--Preliminary Hearing to be held in Patronage Complaint
The Nova Scotia Human Rights Commission announced today that a board of inquiry will hold a preliminary hearing into the complaint of H. Archibald Kaiser against the Executive Council of Nova Scotia. The hearing will be held on Oct. 31 and Nov. 1.
The preliminary hearing will take place at the Radisson Suites Hotel in Halifax and will begin at 9:30 a.m. The board of inquiry is chaired by David J. MacDonald. This hearing must take place before the rest of the complaint can be dealt with.
At the preliminary hearing, the Human Rights Commission and Mr. Kaiser will ask the chair to find that the Department of Justice lawyer representing the executive council is in conflict of interest and should be disqualified. They will also request that any lawyer employed with the government of Nova Scotia be disqualified from acting as counsel because of conflict of interest.
Mr. Kaiser laid a complaint in March 1996 against the Executive Council of Nova Scotia and several politicians and government officials on the basis of political belief, affiliation or activity.
He alleges that his applications for membership on the Criminal Code Review Board and Psychiatric Facilities Review Board were unsuccessful because he was not affiliated with the Liberal Party. Mr. Kaiser also alleges that his views and activities with respect to people with mental disabilities are a form of political belief and activity and that he was discriminated against on this basis as well.
The Nova Scotia Human Rights Commission appointed a board of inquiry to hear this complaint on July 31, 1998. In March 1999 the Nova Scotia Supreme Court struck down this appointment because of procedural errors. The complaint was returned to the commission for further work.
The present board of inquiry is appointed to hear only Mr. Kaiser's complaint against the executive council. The commission discontinued the complaint against the politicians and government officials in January 2001. At that time, the commission also discontinued Mr. Kaiser's complaint that he had been discriminated against because of his association with people with mental disabilities.
Boards of inquiry are the final step in the human rights complaint process. Although the commission decides if a board will be appointed, the chief judge of the Provincial Court nominates a chair for the board. Boards of inquiry are independent, public hearings into complaints of discrimination.