SUPREME COURT OF Nova Scotia
Citation: Wright v. Nova Scotia (Human Rights Commission), 2017 NSSC 11
Date: 2017-01-11
Docket: Hfx No. 453841
Registry: Halifax
Between:
Deborah Wright, Bonnie Barrett, Roxanne Barton, Pamela Chandler, Michele Cox, and The North End Community Health Society ("NECHS")
Applicants
v.
The Nova Scotia Human Rights Commission, The Attorney General of Nova Scotia representing her Majesty the Queen in Right of the Province of Nova Scotia
Respondents
Library Heading
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Judge: |
The Honourable Justice James L. Chipman |
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Heard: |
December 15, 2016 in Halifax, Nova Scotia |
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Written Decision: |
January 11, 2017 |
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Subject: |
Judicial review of a decision of the Nova Scotia Human Rights Commission (the “Commission”).
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Summary: |
The Commission dismissed the Applicants’ claim alleging discrimination. Notwithstanding that a six month long investigation took place with the investigator recommending a referral to a Board of Inquiry, the Commission dimissed the complaint because “there is no likelihood that an investigation will reveal evidence of a contravention of the Act.”
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Issues: |
(1) Whether the Commission’s decision was reasonable? (2) What is the proper remedy? |
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Result: |
The Court found the Commission’s decision to be unreasonable. The Court declined to decide the alternative grounds proposed by the Province and/or address the question of whether a prima facie case of discrimination has been made out. Rather, the entire matter was referred back to the Commission to be dealt with in accordance with the principles of fairness and transparency but without a new investigation.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.