FRONT COVER PHOTO:

Standing - Commissioners Gerry O’Connell, Anne Nicholson, Lou Ann Thomson, Maurice Rio,Administrative/Intake Officer Lorraine Buell, Commissioner Ann Sherman and ExecutiveDirector Jim Hornby.

Seated - Chair Richard Montigny and Human Rights Officer Yolande Richard

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Page

Message From the Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Complaint Statistics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Complaint Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Panel Hearing Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Court Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Audited Financial Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

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I am pleased to have this opportunity topresent my first report as Chair of the PrinceEdward Island Human Rights Commission.

The past year has been another busy one forthe Commission. During the past year wemoved the Commission’s office to newaccessible facilities at 53 Water Street inCharlottetown. Our dedicated staff of three andsix Commissioners continue to respond to themany and various responsibilities presented tothem. Our goal continues to be theadvancement of human rights in PrinceEdward Island.

The summer of 2007 saw a major turnover instaff with the departure of Gregory Howard, ourlong-serving Executive Director, andJacqueline O’Keefe, our Human Rights Officer,who moved on to other positions that willbenefit from their legal and people skills. Wethank them for their tireless efforts on behalf ofthe Commission and those it serves. I ampleased to report a smooth transition with theappointment of Jim Hornby as ExecutiveDirector, and Yolande Richard as HumanRights Officer. Both of these individuals bring awide range of experience to the Commission. Our third staff member Lorraine Buell,Administrative/Intake Officer, ensures we havean efficient operation.

Our Commissioners continue to capably handlethe challenges of Panel hearings and decision-writing, often in lengthy and complexproceedings. In the last year we spent 77 dayson hearings and decision writing. With theCommission presently not having an EducationOfficer, it has fallen to Commissioners and staffto respond to the continuing requests forpresentations on human rights and particularrelated issues. We encourage any group tocontact the Commission’s office should theyhave a need in this area.

Commissioners meet on a regular basis tooversee the Commission’s work. Part of themandate of Commissioners is to have inservice training and to keep abreast of recentdecisions in this area. As you can see fromstatistics in another section of this report, themajority of our complaints arise fromemployment and physical/mental disabilityrelated issues. However our changing societyhas made it necessary for us to be aware ofthe decisions of Tribunals and the Courts inboth our own jurisdiction and across thecountry. These will impact on ourCommission’s decisions.

In closing I want to acknowledge the support Ihave received from our dedicatedCommissioners and staff. Together we willcontinue to carry out our mandate of protectingthe human rights on Prince Edward Island andeducating Islanders on human rights issues.

Richard W. Montigny, Chair

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The Commissioners are appointed by the Legislative Assembly on the recommendation of theStanding Committee on Social Development, and come from a variety of personal andprofessional backgrounds. Each brings experience and human rights expertise todecision-making, and provides leadership in setting the direction and promoting the work ofthe Commission.

Richard W. Montigny, ChairRichard Montigny of Charlottetown was firstappointed as a Commissioner on May 19,2004. He was appointed Chair of theCommission on April 11, 2006, andreappointed on April 3, 2007. His term expireson May 19, 2010. Richard worked for manyyears as CEO with a PEI municipality and hasextensive experience at the volunteer level. Hecurrently serves as Secretary-Treasurer of thePEI Cerebral Palsy Association, is Chairman ofthe PEI Credit Union Deposit InsuranceCorporation and is employed with theLegislative Assembly.

Anne Nicholson, CommissionerAnne Nicholson of St. Andrews Pt. LowerMontague was appointed Commissioner onMay 19, 2004. Commissioner Nicholson wasreappointed on April 3, 2007. Her term expireson May 19, 2010. Anne is a consultant in thearea of relationship violence prevention, health,culture and social justice.

Ann Sherman, CommissionerAnn Sherman of Charlottetown was appointedCommissioner on May 19, 2004. Herappointment was renewed on April 11, 2006. Commissioner Sherman’s term expires on May19, 2009. Ann recently retired after 22 yearswork with Community Legal InformationAssociation. She is continuing her involvementin social justice issues and her work on accessto justice.

Maurice Rio, CommissionerMaurice Rio of Summerside was appointedCommissioner on April 11, 2006. Commissioner Rio’s term expires on April 11,2009. Maurice returned to the Island aftermore than 21 years of Federal Governmentservice in departments of the Solicitor Generalof Canada. He has served in Provinces andTerritories from Coast to Coast.

Lou Ann Thomson, CommissionerLou Ann Thomson of Georgetown wasappointed Commissioner on April 11, 2006. Commissioner Thomson’s term expires on April11, 2008. Lou Ann brings to the Commissionher experiences as a nurse, a mother and alegal aid lawyer. She is committed to promotingthe dignity of all persons.

Gerry O’Connell, CommissionerGerry O’Connell of Stratford was appointedCommissioner on April 11, 2006. Commissioner O’Connell’s term expires onApril 11, 2008. Gerry is retired after havingserved 35 years with the Public Service.Gerry's work experience includes extensiveinvolvement with the dignity and rights ofindividuals and groups. He has also beeninvolved with many community organizationsand youth groups.

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Executive Director: James J. (Jim) Hornby

Jim, a Charlottetown-based lawyer, brings tothe Commission an extensive background incriminal and civil litigation law. He haspracticed in the province over the past 16 years,most recently at Crane & Hornby. Jim is also arecognized author on the history of our Provinceand has been involved with many communityorganizations.

Human Rights Officer: Yolande S. Richard

Yolande, a native of Mont-Carmel, is a bilinguallawyer and has been a member of the PEI LawSociety since 2004. Prior to coming to theCommission she practised law in the areas oflitigation and real estate in Summerside. Yolande is active in Law Society committees,the Rotary Club and groups in the francophonecommunity.

Administrative/Intake Officer: B. Lorraine Buell Lorraine, Administrative/Intake Officer, came tothe Commission in February 1998. She is acurrent member of the Canadian PayrollAssociation, the International Association ofAdministrative Professionals, and is aCommissioner of Oaths.

Former Staff MembersGregory J. Howard, Former ExecutiveDirector Greg served as Executive Director of the PrinceEdward Island Human Rights Commission fromNovember 10, 1999, to July 25, 2007.

Jacqueline R. O’Keefe, Former HumanRights OfficerJacqueline served as Human Rights Officer forthe Prince Edward Island Human RightsCommission from March 10, 2003, to June 18,2007.

Note of ThanksThe present Chair and Commissioners wouldlike to take this opportunity to thank Mr. Howardand Ms. O’Keefe for their contributions to thePrince Edward Island Human RightsCommission. We wish them every success intheir new positions.

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During the 2006-2007 fiscal year, the Commission conducted six panels of inquiry, seven complaintswere withdrawn, thirty-four complaints were dismissed or discontinued, fourteen complaints weresettled and three complaints were deemed to not be within the jurisdiction of the Prince EdwardIsland Human Rights Commission. At year end thirty-five complaints in various stages of thecomplaint process were carried over to the next fiscal year.

Unresolved: Complaints under investigation, undergoing settlement negotiations or awaitinga panel hearing.

Panel: Complaints that went to a panel hearing.

Withdrawn: Complaints withdrawn by complainant or complaints considered withdrawn ascomplainant cannot be reached.

Dismissedor Discontinued: Complaints dismissed or discontinued by Executive Director or Chairperson as

set out in the Act (s.22(4)).

Settled: Complaints settled without going to a panel hearing.

No Jurisdiction: Complaints filed that did not fall under the jurisdiction of the PEI Human RightsAct, including those complaints filed outside the one year limitation period.

Complaint OutcomesApril 1, 2006 - March 31, 2007

14

35

7

3

6

34

0 5 10 15 20 25 30 35 40

No Jurisdiction

Settled

Dismissed/Discontinued

Withdrawn

Underwent Panel

Unresolved

Number of Complaints

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There were a total of ninety-nine active complaints throughout this fiscal year. There were thirty-eightunresolved complaints carried over from previous years, and sixty-one new complaints were filed in2006-07. In addition to written complaints, the Commission receives close to 1200 phone inquiriesannually from individuals concerned about their rights.

NUMBER OF COMPLAINTS IN AREA AND GROUND

Ground ofDiscrimination

Employment Other Areas Total

Age 10 1 11Association 1 1 2Colour, Race,Ethnic/National Origin

6 1 7

Creed/Religion 0 0 0Criminal Conviction 0 0 0Family Status 2 1 3Marital Status 0 0 0Physical/Mental Disability 24 15 39Political Belief 1 0 1Sex/Gender (including Pregnancy andHarassment)

10 4 14

Sexual Orientation 4 0 4Source of Income 0 0 0Filing a Complaint/GivingEvidence

0 0 0

Multiple Grounds 8 10 18Total Number ofComplaints

66 33 99

As in previous years, most complaints arise in the area of employment (67%), while the mostcommon grounds of discrimination are physical/mental disability (40%) and sex/gender (14%).

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A complaint may be settled orwithdrawn at any time.

Application for Judicial reviewof Panel or Chair’s decision ispossible within 30 days of thedate of the decision.

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The following summaries are examples ofsome of the human rights complaints that weresettled during the 2006-2007 fiscal year:

Age A young person filed a complaint against astore owner alleging discrimination in serviceson the basis of age. The store displayed a signwhich limited the number of students allowed inthe store. In a settlement reached by theparties, the Respondent agreed to replace theoriginal sign with a new sign which limits thenumber of customers allowed in the store butshall not make any reference to age.

DisabilityAn employee filed a complaint against heremployer alleging discrimination on the basis ofdisability. The employee was put on restrictedwork hours and times of work by her physician.The employer accommodated the employee fora period of time. The employee was lateradvised that if she was not able to return toflexible work hours, her seniority status wouldbe removed and she would not be guaranteedher grandfathered full-time hours. In asettlement reached by the parties, theemployer agreed to reinstate the employee’sseniority and full-time status.

Disability and Sexual OrientationAn employee filed a complaint of discriminationagainst his employer alleging he wasdiscriminated against on the basis of mentaldisability and perceived sexual orientation. Hisrequest to be reassigned to an alternate worksite was denied and he subsequently went onLong Term Disability. In a settlement reachedby the parties, the employer agreed to pay theemployee lost wages, continue theComplainant’s medical coverage and theComplainant shall continue to accrue pensionbenefits.

SexA man filed a complaint against a local retailstore alleging discrimination on the basis ofsex. The Complainant was denied registrationfor a course being offered at the store afterhours because the women registered for thecourse did not want men to attend. In asettlement reached by the parties, theComplainant was allowed to register for thenext course offered by the retailer.

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Tanya McIlwraith v. Eva’s Restaurant &LoungeHearing Date: May 10, 2006Date of Decision: June 6, 2006Panel Members: Ann Sherman (Panel Chair),Lou Ann Thomson, Gerry O’Connell

The complainant was a cook at a restaurantwho became pregnant. She filed a complaintwith the PEI Human Rights Commission onApril 27, 2004, alleging that her employer failedto accommodate her by requiring her to workall evening shifts, and then terminated her jobwhen she could not keep up.

The Human Rights Panel found that Ms.McIlwraith was not accommodated by heremployer as the law requires, in particular thatshe was denied the opportunity to work duringher pregnancy as long as she was able. ThePanel awarded the complainant $850 for herhurt and humiliation.

The Reverend Gael Matheson v. Presbyteryof PEI and OthersHearing Dates past fiscal year: January 23, 24and 25, 2006Date of Decision: August 22, 2006Panel Members: Ann Sherman (Panel Chair),Richard W. Montigny, Anne Nicholson

This decision was the culmination of a lengthyprocess involving a number of decisions andreviews of decisions that included two judicialreviews in the Supreme Court of PEI.

The Reverend Gael Matheson filed hercomplaint with the PEI Human RightsCommission on February 16, 1998, alleging

she was discriminated against in heremployment as a church minister on the basisof gender. She alleged that she was the victimof a pattern of harassment dating back to 1986. She had not worked as a minister of the churchsince 1996 when her pastoral tie with theMurray Harbour North Presbyterian PastoralCharge was severed, and her ministeriallicense withheld.

The Panel rejected the Respondent’s positionthat the Complainant was responsible for thebreakdown of the pastoral relationship, andfound that discrimination had occurred asalleged.

Hearing Dates (re Remedies): February 26 and27, 2007Date of Decision: May 31, 2007Panel Members: Ann Sherman (Panel Chair),Richard W. Montigny, Anne Nicholson

The Panel having found, in a decision datedAugust 22, 2006, that the Reverend Mathesonwas subjected to differential treatment on thebasis of gender, held a separate hearing onremedies – both monetary (damages andcosts) and other forms of recompense weresought.

Non-monetary remedies ordered included therelease of the complainant’s ministerial license,a letter of apology, and a letter of reference(both of the latter two to be approved by thePanel).

Concerning the monetary claims, after lookingat the constituent elements of the harassmentexperienced by the complainant, the Panelawarded $50,000 in general damages.

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On the claim for loss of income, afterconsidering the complainant’s duty to reduceher loss by seeking other employment, (andreducing the award by 10 per cent due to apartial failure to pursue employmentopportunities), the Panel awarded the sum of$425,058.00 for loss of income during theyears 1997-2006.

The Panel also ordered that the ReverendMatheson be reinstated to an alternate pastoralcharge or other employment within thePresbyterian Church of Canada at the samesalary. Some further monetary allowances,adjustments, taxes, and legal fees and costswere awarded to, if only in a financial sense,restore the Complainant to the position shewould have been in but for the discriminationpracticed.

Murphy, Wonnacott, Douse and Bateman v.Dep’t Social ServicesHearing Dates: January 30, 31, February 1,April 25, 2007Date of Decision: June 26, 2007Panel Members: Lou Ann Thomson (PanelChair), Gerry O’Connell, Maurice Rio

Four individuals who filed complaints againstthe PEI Government’s Disability SupportProgram (DSP) were heard together. Theyallege that the government, through theRespondent Department, discriminated againstthe complainants in the provision of servicesunder the DSP. The grounds of discriminationalleged are age, family status, and physicaland mental disability.

The issues before the Panel included whetherthe DSP screening tool discriminated againstthe mentally disabled as contrasted with thephysically disabled. On this issue the Panelfound that the screening tool in fact wasweighted against the mentally disabled, andconstituted discriminatory treatment. ThePanel also agreed with the claim that incometesting of parents with children under 18 doesdiscriminate on the basis of age.

The Panel was unable to find that the support ceilings and lifelong caps on home and vehicle modifications under the DSP are discriminatory,because the Legislature has the authority to setup social programs with limits in order to distribute limited resources.

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Dowling v. Gov’t PEI and Angela Cormier2006 PESCTD 42A PEI Human Rights Panel found that StephenDowling was discriminated against by not beinggiven the opportunity to compete for a golfshop position because of his political belief andassociation. Mr. Dowling applied for judicialreview seeking a reconsideration of part of thePanel’s decision on remedy, which the Panelhad declined to grant.

The PEI Supreme Court held that proceduralfairness required a separate hearing onremedy, which had been brought up before thePanel, with an opportunity for the parties toprovide further evidence and submissions. The issue was referred back to the Panel toreconsider the decision on remedy.

Eastern School Board v. Montigny andAyangma 2007 PESCTD 18On December 8, 2005, a PEI Human RightsPanel issued a decision holding that NoelAyangma had been discriminated against bythe Eastern School Board on the basis of hisrace, colour, ethnic and national origin, andage. The Panel ordered the Eastern SchoolBoard to pay Mr. Ayangma $55,000 plusinterest for lost wages, and a further $6,000 forhurt and humiliation.

The Board filed an application for judicialreview of this decision, and Mr. Ayangma alsoapplied for further relief.

Upon its review of the matter, the PEI SupremeCourt upheld the Panel’s decision, anddismissed both parties’ applications to vary thedecision. No costs were awarded.

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