Board Rules Johnson Owed Legal Costs

The board of inquiry into a complaint of racial discrimination filed by Kirk Johnson against Halifax Regional Police has ruled that two-thirds of his legal expenses should be reimbursed by the police.

Mr. Girard convened a special hearing on April 19 to consider submissions regarding legal costs. In making his ruling, he found that the Nova Scotia Human Rights Act gives him the authority to award legal costs in the matter.

"The whole point of the Nova Scotia Human Rights Act is to try and facilitate redress for victims of discrimination, and its provisions should be interpreted so as to achieve that end," wrote Mr. Girard.

"While the complainant should not be able to transfer his or her costs of counsel automatically to the respondent in case of success, neither should the ability to recover costs be set at such a low level that complainants are discouraged from seeking independent counsel," he said.

Mr. Johnson's legal counsel has been instructed to submit the bill for legal costs to a taxing master who will determine the final amount of the bill. The police department will then be required to pay two-thirds of the amount, subject to a five per cent interest charge from the date of the taxing master's determination.

In December 2003, Mr. Girard ruled that Kirk Johnson was the victim of racial discrimination at the hands of Halifax Regional Police and Const. Michael Sanford during a traffic stop in April 1998 in Dartmouth. He held the police department liable for the actions of the officer.

Boards of inquiry are the final stage in the human rights complaint process. They are independent, public hearings into complaints of discrimination. Decisions by boards of inquiry may be appealed within 30 days of the date of the decision.

The decision is available on the commission's website at www.gov.ns.ca/humanrights/.