Court Dismisses Appeal of Racism Ruling

The Nova Scotia Court of Appeal has dismissed an application by Falkenham Backhoe Services of Dartmouth to reduce the damages awarded by an independent human rights board of inquiry.

Falkenham Backhoe Services claimed board chair Cheryl Hodder erred in awarding Lionel Gough more than $23,000 in general and special damages when she upheld his complaint of racial discrimination in employment in August 2007.

The court dismissed the appeal application on the grounds that it was without merit and awarded the human rights commission $2,000 in costs.

Lionel Gough of Halifax filed a complaint with the Nova Scotia Human Rights Commission in 2004 alleging he had been subjected to racial slurs and comments from both management and his co-workers while employed with Falkenham Backhoe Services. He alleged that the racial discrimination had resulted in physical and psychological symptoms which eventually required him to leave the company.

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 decision is available on the commission's website at http://gov.ns.ca/humanrights/decisions/2008decisions.htm.