Court of Appeal

Judge:

The Honourable Justice Hamilton

Appeal Heard:

January 27, 2014, in Halifax, Nova Scotia

Subject:

Human Rights; Restorative Board of Inquiry; Procedural Fairness

Summary:

A board of inquiry was appointed under the Human Rights Act, 1989 RSNS c. 214, to look into the appellant’s complaint. The parties agreed they would proceed using the inquisitorial restorative board of inquiry model rather than the traditional board of inquiry model. A facilitator was appointed. Participatory circles were held. The chair of the board concluded the inquiry, rather than proceeding with the formal hearing requested by the appellant, when the chair found the parties had settled all of the issues raised by the complaint. The appellant appeals.

Issues:

(1)        Did the chair err in finding the parties settled the appellant’s complaint on September 17, 2012 and that she was bound by it?

(2)        Did the chair err in concluding the settlement reached was in the public interest?

(3)        Did the chair err in the manner in which she “reported” the terms of settlement pursuant to s. 34(5) of the Act?

(4)        Was Ms. Gavel denied procedural fairness in the way the chair conducted the board of inquiry?

Result:

Appeal dismissed. The chair’s decision that a binding settlement was reached on September 17 was reasonable given the appellant’s confirmation of same at that meeting, her signing of the written agreement and the chair’s findings of fact that the appellant knew she could retain a lawyer if she wished and that the appropriate process was followed. The chair’s conclusion that the settlement was in the public interest was reasonable given its terms. The chair’s method of reporting her decision was reasonable given the significant leeway s. 34(5) of the Act provides. The process followed was procedurally fair.