Board Rules Woman was Victim of Discrimination

HUMAN RIGHTS COMMISSION--Board Rules Woman was Victim of Discrimination

An independent human rights board of inquiry has found that a Lower Sackville woman was discriminated against on the basis of family status when she was denied an apartment.

Janet Leadley had alleged she was denied a rental apartment by Laraine Robichaud, superintendent in a building at 23 Birch St. in Bedford, when it was learned that Ms. Leadley had children. The building is owned by Oakland Developments.

The independent board chair, Kenneth Crawford, has ordered the respondent to pay Ms. Leadley $7397.53 in general and special damages. Ms. Robichaud has been ordered to write a letter of apology to Ms. Leadley and Oakland Developments must post copies of the Nova Scotia Human Rights Act in a prominent location at the 23 Birch St. property.

The independent board rejected arguments by Oakland Developments that Ms. Robichaud was not their employee because she performed her duties in exchange for reduced rent. Mr. Crawford also discounted the testimony provided by Ms. Robichaud, finding it to be "contradictory, inconsistent, untruthful and at times, devious. She was combative, irritable during most of her testimony and at times, contumelious."

A complaint is referred to a board of inquiry when the commissioners of the Nova Scotia Human Rights Commission believe a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the Provincial Court selects a nominee to chair the hearing from a roster and the commissioners ratify the nomination. The complaint decision is then in the hands of the independent board.

Evidence collected during the investigation of a complaint is presented at the hearing by the Human Rights Commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether or not discrimination has occurred.

All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.

A copy of the independent board decision is available on the commission's website at http://gov.ns.ca/humanrights/decisions/2004decisions.htm .