Board Says Town of Pictou Did Discriminate

HUMAN RIGHTS COMMISSION--Board Says Town of Pictou Did Discriminate

An independent human rights board of inquiry has found the Town of Pictou discriminated against the pastor of a local church when it denied him permission to stage a performance on the town's waterfront.

The board ordered the town to pay the complainant, Rev. Kenneth Gilliard of Cornerstone Community Church, $6,000 in general damages plus interest of 2.5 per cent for the period of time up to the board's decision. The town must also pay the complainant $3,000 plus taxes and disbursements towards his costs.

In addition to the monetary ruling, the board is requiring Pictou to provide sensitivity training for its administrative employees. The town must file an anti-discrimination policy with the Nova Scotia Human Rights Commission within six months.

Sitting as the independent board, Cheryl Hodder found that religion did play a role in the town's refusal. "Reverend Gilliard was denied use of the Marina Stage because his performance contained a message," she wrote in her decision. "The message was a religious message."

In an earlier ruling, the board rejected a pre-hearing motion by the town to dismiss the complaint. The town argued it was not covered by the Human Rights Act because it did not fall within the definition of "person" set out in the act.

In August 2002, Rev. Gilliard sought permission to perform a religious drama on the town's Marina Stage. He claimed the town turned down his request and told him the performance was not appropriate for the public space. In lodging a human rights complaint, he alleged the denial was because the play was of a religious nature.

A complaint is referred to a board of inquiry when members 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 decision on the complaint is then in the hands of the independent board.

Evidence collected during the investigation of a complaint is presented at the hearing by the 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/2005decisions.htm .