News Release Archive
HUMAN RIGHTS COMMISSION--APPEAL DISMISSED ----------------------------------------------------------------- The Nova Scotia Court of Appeal has dismissed an appeal by Richard Bruce Watson of a decision by the Supreme Court of Nova Scotia. This decision upholds the Nova Scotia Human Rights Commission's practice of approving affirmative action programs to benefit disadvantaged groups, and dismissing complaints of "reverse discrimination" made about such programs. Mr. Watson, a white man, applied to the City of Dartmouth in response to an advertisement for police officer training. After completing the screening process he learned that the city was only accepting candidates from within target groups of its affirmative action program - visible minorities, aboriginal people and women. The commission initially refused to accept a complaint from Mr. Watson on the grounds that the city's actions were pursuant to an affirmative action agreement that the city reached with the commission in 1987. This agreement was approved under section 25 of the Human Rights Act, which states that such programs approved by the commission are not violations of the act. The commission subsequently accepted a complaint from Mr. Watson but dismissed it on the same grounds. Mr. Watson applied to the Supreme Court of Nova Scotia for a writ ordering the commission to further investigate his complaint. Justice Walter Goodfellow dismissed the application, finding that the city had a commission approved affirmative action program. Mr. Watson appealed this decision to the Nova Scotia Court of Appeal. The court of appeal upholds the Supreme Court's finding that the city of Dartmouth had a valid approved affirmative action program. It finds that, once the commission determined this, it rightly dismissed Mr. Watson's complaint. Writing for the court, Justice Nancy Bateman refers to the Supreme Court of Canada's finding that human rights statutes must be interpreted broadly and purposively, in keeping with their quasi-constitutional nature. Justice Bateman finds that it is the role of the Nova Scotia Human Rights Commission to determine whether affirmative action programs are bona fide. -30- Contact: Francine Comeau 902-424-4111 trp May 27, 1996 - 1:30 p.m.