Board to Hear Disability Complaint

An independent human rights board of inquiry will consider a complaint of discrimination on the basis of disability against Westphal Mobile Home Court Limited of Halifax.

David Matthews of Lower Sackville claims that the decision by park management not to allow him to build a larger shed prevented him from acquiring a mobile home. Mr. Matthews needed the exemption to regulations to be able to house a scooter which he requires for outdoor mobility.

Westphal Mobile Home Court Limited officials argue they did not discriminate and claim final approval on exemptions to regulations is not given until residency is confirmed and a drawing of proposed revisions is submitted.

Darlene Jamieson has been appointed as chair of the independent board. The hearing begins on Wednesday, June 8, at 9:30 a.m. in Room 303 of the Dalhousie University Student Union Building, 6136 University Ave., Halifax. The hearing will continue on Thursday, June 9 and Friday, June 10.

A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes 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 board chair from a roster and the commissioners ratify the nomination. The complaint decision is then in the hands of the independent board.

Evidence collected during 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 discrimination has occurred.

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