Court orders human rights commission to butt out
The Supreme Court of Nova Scotia has ordered the province’s Human Rights Commission (HRC) to reverse its decision to appoint a board of inquiry to adjudicate allegations that French public schools were unfairly deprived of funding.
The Nova Scotia Human Rights Commission does not have the jurisdiction to look into the complaint of an Acadian parent who says his children missed out on funding provided to English-speaking students, the Nova Scotia Supreme Court has ruled.
In a written decision released last Thursday, Justice Allan Boudreau complied with Halifax Regional Municipality’s request to quash the commission’s decision to appoint a board of inquiry.
The municipality argued that the facts alleged by Lucien Comeau didn’t constitute discrimination under the provincial Human Rights Act and asked the court to prevent the board of inquiry from conducting hearings into the matter.
“The complaints, as presented, do not appear to be within the usual role or expertise of the commission,” Justice Boudreau wrote.
The full text of the court’s ruling is posted here (pdf).
English and French language schools received funding in accordance with applicable provincial legislation, and the court found “not one shred of evidence” that French schools were funded differently because of language or ethnicity.
h/t: e-mail from Binks
The Binkster emails you tips? Dude, I am so jealous right now…
Seriously though, this is good news – nice to see some actual judicial courts holding back their quasi-judicial brethren.
[...] KRISTA “UTOPIA NOW” DALEY– The Nova Scotia Human Rights Commission does not have the jurisdiction to look into the [...]