Human Rights Boards' Decisions Released
The Nova Scotia Human Rights Commission has released the decisions of five boards of inquiry held during the past year.
Boards of inquiry are independent, public hearings into complaints of discrimination. They are the final stage in the human rights complaint process. Each year, the Human Rights Commission posts decisions from boards of inquiry on its website at http://gov.ns.ca/humanrights/ .
The completed boards of inquiry held between April 1, 2003 and March 31, 2004 include the following:
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Mary Ilsey of Kentville claimed that, while working at Gould's Ultramar Service Station, she was subjected to sexual harassment by fellow employee Douglas Kenny. The chair of the board of inquiry, J. Royden Trainor, dismissed the complaint saying Douglas Kenny's behaviour did not constitute sexual harassment as stipulated in the Nova Scotia Human Rights Act.
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Robert Pinner of Yarmouth alleged that his employment at Ken Burrill's Supermarket in Dayton, Yarmouth Co., was terminated because of his mental condition. Peter Nathanson, chair of the board of inquiry, concluded that the respondent had fired Mr. Pinner because of his condition. The board awarded Mr. Pinner general damages of $2,000 and three months pay.
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Dorothy Kateri Moore is of Mi'kmaq descent. She alleged that, while employed with Play It Again Sports Ltd. in Sydney, owners Trevor and Ronald Muller discriminated against her when they used a derogatory racial slur. The board chair David MacDonald, dismissed the case, stating that Ms. Moore did not inform her employers that she was offended by the term. The Nova Scotia Human Rights Commission and the complainant are appealing the decision.
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In a complaint against Royal Canadian Legion, Branch 19, Brian Bobbitt alleged that he was fired because of a physical disability. The board of inquiry chair, J. Royden Trainor, ruled in favour of Mr. Bobbitt. He ordered the legion to pay Mr. Bobbitt $2,500 and to cover Mr. Bobbitt's legion membership fees.
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Wayne Hounsell is blind and resides with his seeing eye dog. He alleged that Blair Humphries of Drummond Investments Limited discriminated against him with respect to accommodation. The chair of the board of inquiry, V. Francine McIntyre, dismissed the complaint, saying she did not find evidence to prove that Drummond Investments discriminated against Mr. Hounsell.
The decision of a sixth board of inquiry this year, involving a complaint against Halifax Regional Police by Kirk Johnson, had been made public in December.