Board to Hear Human Rights Complaint Against Animal Shelter

An independent human rights board of inquiry will consider a complaint of disability discrimination and retaliation involving the T.L.C. Animal Shelter in Digby.

Susan Davis alleges that her employer discriminated against her because of a disability by terminating her job and then retaliated once she lodged her complaint with the Nova Scotia Human Rights Commission.

Ms. Davis of Weymouth, Digby Co., was diagnosed with a medical condition affecting her vision, which could be seriously impacted by a fall.

She complained to the commission in 2003 that T.L.C. Animal Shelter in Digby fired her from her employment because of her medical condition on the grounds that it affected her performance of her duties.

The independent board is being chaired by Robert Stewart. It will begin hearing testimony on Tuesday, Jan. 30, at 9:30 a.m. at the Annapolis Basin Conference Centre's Kespuwik Hall, Cornwallis Park. The hearing is scheduled to continue daily until Friday, Feb. 2.

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 decision on the complaint 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.