Condo Complaint Rejected by Board

A complaint of discrimination on the basis of religion and ethnic or national origin filed by a Halifax man has been dismissed by an independent human rights board of inquiry.

Ahmed Assal filed a complaint in 2003 with the Nova Scotia Human Rights Commission. He alleged that by refusing to permit him to install a satellite dish to receive Muslim and Arabic language programming, Halifax Condominium Corporation No. 4 discriminated against him on the basis of his religion and ethnic or national origin.

In his decision, board chair Royden Trainor did not accept that evidence presented to the hearing met the burden of proof required to establish a case of discrimination.

"The evidence received by the board about the satellite service and how it was used was of a highly general nature, except that it involved broadcasts containing religious content and exposure to language and culture," wrote Mr. Trainor.

He concluded that the devotion of Mr. Assal's family to the practices of their faith and cultural identity would not be impeded without access to the satellite service.

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.