Archive for the ‘NSHRC’ Category
All In The (Liberal?) Family; 1999
The Nova Scotia Human Rights Commission Vs The Executive Council of N.S.
The Players
Archibald Kaiser was the complainant in the original allegation against the Province of Nova Scotia. This complaint alleged that his applications for membership on the Criminal Code Review Board and Psychiatric Facilities Review Board were unsuccessful because he was not affiliated with the Liberal Party. The Liberals were the governing party at the time of the allegation (1996.)
In this current matter (which relates to the above complaint) the Nova Scotia Human Rights Commission (NSHRC) was the complainant against Ian MacDonald and the Executive Council of the Province of Nova Scotia.
Ian MacDonald, a potential witness in Mr. Kaiser’s original allegation, wanted lawyer Randall Duplak to be present during any questioning by the NSHRC. Mr. Duplak was solicitor for the respondents in the original complaint.
Since Ian MacDonald was not willing to submit to questions by the NSHRC without Mr. Duplak’s presence, the matter regarding this issue of solicitor presence was heard and decided by John M. Davison in November, 1999.
Summary
In 1998, the Commission appointed a Board of Inquiry to look into this complaint but, in March of 1999 on application to the Supreme Court, the appointment was quashed and the complaint was returned to the Commission for further investigation. Ian MacDonald, a potential witness, indicated that he was unwilling to be interviewed without the presence of Randall Duplak, Q.C. He was advised by the NSHRC that he was permitted to bring counsel to the interview, but Mr. Duplak, who was counsel for the respondents, would not be welcome.
The current proceeding involved two applications by the NSHRC: Read the rest of this entry »
The Canadian Human Rights Commission
Hi Ho Silver! Continued
The Players
Dorothy Kateri Moore was the complainant against Play It Again Sports Ltd. and/or Trevor Muller, and/or Ronald Muller.
David J. MacDonald was the Chair for the Board of Inquiry and seeming author of the decision.
Summary
Dorothy Kateri Moore’s formal complaint was lodged in March, 2000. The hearings were held in July and November, 2003 for a total of seven days. All parties were present and represented through the hearings. The date of the decision was February 17, 2004.
The Formal Complaint was two-pronged. The first part involved regular use of the term “kemosabe” by employer Trevor Muller and his father Ronald Muller. Ms. Moore is of Mi’kmaq descent and was offended by this term. The second part of the complaint involved the termination of Ms. Moore’s employment with Play It Again Sports. She believed that this occurred partly because her gender and also her aboriginal heritage.
Ms. Moore worked for Play It Again Sports from September, 1998 until October, 1999. An incident occurred on October 15, 1999 during a very busy day at this store. Some kind of confrontation occurred between Ms. Moore and Trevor Muller. Both parties gave their version of events. Chair David MacDonald states in the report that “Trevor Muller’s version of what took place that day is the more probable.” The decision states that Ms. Moore “…had a history of being susceptible to panic attacks which had started several years prior.” Chair MacDonald could find “nothing that was said or done by Trevor Muller on that occasion…had anything whatever to do with her aboriginal origin.” He also noted that Ms. Moore was not fired, but actually quit. Read the rest of this entry »
Hi Ho Silver!
The first time I’d heard of the Nova Scotia Human Rights Commission, I was living in Sydney, Nova Scotia. For a couple of days, talk in the bars turned to the story of the local businessman who’d been hauled off to “court” for using the term “Kemosabe” as part of his regular patter.
It seemed funny at the time (especially with a belly full of draft and a few shots in you), but with all the publicity about HRCs in Canada over the past few years, I got to thinking: whatever became of that case?
It turns out that the complaint was lodged in 1999. The process ended six years later when the Supreme Court of Canada rejected the Nova Scotian HRC appeal to that court.
Six years? Seems like an unreasonably long time to settle a legal issue.
