News Release Archive
HUMAN RIGHTS COMMISSION--COMPLAINT DISMISSED ----------------------------------------------------------------- A board of inquiry has dismissed a complaint by Gillis Carrigan against the Nova Scotia Department of Community Services. Mr. Carrigan made a complaint under the Human Rights Act on May 5, 1994. He alleged that he was discriminated against because of his marital status when, after separating from his spouse, he tried to apply for family benefits on behalf of himself and his son. Mr. Carrigan's complaint challenged regulation 20 of the Family Benefits Act. This regulation states that married, separated parents may not apply for family benefits until six months after their separation. Other categories of family benefits recipients, for example, unmarried, divorced or widowed parents, face no such waiting period. Mr. Carrigan alleged that the regulation discriminated against him because of his marital status and that it should be declared void pursuant to section 10(1) of the Human Rights Act, which states that regulations, "which refer to a characteristic against which discrimination is prohibited, which appear to restrict the rights and privileges of the individual or group in question, are void and of no legal effect." The complaint could not be resolved following an investigation. The matter proceeded to a board of inquiry chaired by David Miller. In his decision of June 12, Mr. Miller found that a decision of Mr. Justice Goodfellow of the Supreme Court of Nova Scotia in Rhyno v. the Minister of Community Services (1994), which held that regulation 20 of the Family Benefits Act was not discriminatory under the Canadian Charter of Rights and Freedoms, means that regulation 20 cannot be found to violate the Human Rights Act. Mr. Miller quoted Justice Goodfellow's decision, in which he concludes that "the differentiation created does not amount to discrimination because it treats ... (Ms. Ryno) ... the same as all other married separated persons with child. She falls in the same boat as all those of that classification." Mr. Miller found that, given Justice Goodfellow's finding, the board of inquiry has no jurisdiction to consider the effect of section 10(1) of the Human Rights Act on regulation 20 of the Family Benefits Act. The Nova Scotia Human Rights Commission is considering the possibility of appealing this decision to the Nova Scotia Court of Appeal. -30- Contact: Wayne MacKay or Francine Comeau 902-424-4111 trp June 18, 1996 - 10:15 a.m.