Board Rejects Preliminary Motions in HRM Race-Based Complaint

An independent human rights board of inquiry appointed to consider a complaint of discrimination on the basis of race/colour has rejected three preliminary motions from the respondent, Halifax Regional Municipality.

Mary Harnish filed a complaint in 2005 with the Nova Scotia Human Rights Commission alleging she was discriminated against by Halifax Regional Municipality based on race/colour.

HRM asked the board to rule on: matters related to the scope of the complaint; who is required to be named as parties; and the proper forum for hearing the matter.

Board chair Gilles Deveau rejected the city's request to limit the introduction of additional evidence, concluding that the purpose of a complaint is to set out allegations but not to provide a complete and extensive set of facts.

Mr. Deveau denied the city's request to name more respondents, saying it would add additional unnecessary complexities and not be in keeping with the spirit and intent of the Human Rights Act.

The city's argument that the complaint should have been dealt with through the grievance process was also rejected by Mr. Deveau, who concluded that Ms. Harnish's complaint is broader than a classic unionized workplace dispute.

The board of inquiry is slated to begin a hearing in February 2008.

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.

A copy of the board's preliminary decision is available on the commission's website at gov.ns.ca/humanrights/decisions/2007decisions.htm .