Enough!

A complaint made September 29 to the Human Rights Commission from me only:

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Under the Nova Scotia Human Rights Act this is a complaint against:

• The Nova Scotia Human Rights Commission
• The Nova Scotia Ministry of Justice
• The Nova Scotia Ministry of Environment
• The Nova Scotia Ministry of Health

for failure to enforce of a Human Rights Board of Inquiry order. 

On September 6, 2018, a Human Rights Board of Inquiry ordered Respondent  PROVINCE OF NOVA SCOTIA (DEPARTMENT OF ENVIRONMENT), AND/OR PROVINCE OF NOVA SCOTIA OR CAPITAL DISTRICT HEALTH AUTHORITY "to interpret, administer and enforce the words "washroom facilities for the public available in a convenient location" in s.20(1) of the Food Safety Regulations as requiring those washroom facilities to be accessible to members of the public who use wheelchairs"

Since the order, no such enforcement has taken place.  The Ministry of Justice has applied its Restorative Justice protocols, authorized for "those who have been affected by criminal harms".  The order does not contemplate any delay in execution.  "Restorative Justice" simply does not apply, and its use discriminates against me and other people with disabilities.  

Since the order, I have filed Food Safety complaints on five occasions

• Carleton - October 26 2018
• Le Coq - October 22 2018
• Stories - October 19 2018
• Dalhousie Faculty Club - March 1 2019
• Five Fishermen - October 19 2018

To my knowledge, each of these continues to operate in violation of section 20(1) of the Food Safety Regulations.

The Human Rights Commission has authority to enforce compliance.  I requested that it do so in a November 24, 2018 email to Christine Hanson.  I did not receive a reply.  Relevant sections of the act are:

S(37) Every person in respect of whom an order is made under this Act shall comply with the order. 

S(38) Every person who does anything prohibited by this Act or who refuses or neglects to comply with any order made under this Act is guilty of an offence and is liable on summary conviction to, if a person other than an individual, a fine not exceeding one thousand dollars. 

S(39) (1) No prosecution for an offence under this Act shall be instituted without the consent in writing of the Minister. 

The entanglement of interests is a concern:  

• The Minister of Justice is the Minister responsible for the Human Rights Act.
• The Human Rights Commission did not support the complainants in the board of inquiry.
• The Human Rights Commission cannot impose a fine for noncompliance without the minister's approval.  
• The respondent's legal team was provided by the Minister of Justice.  
• The Restaurant Association of Nova Scotia, which was granted intervenor status by the Board of Inquiry and filed a document bitterly opposing the complaint, has been given equal standing in the mysterious Restorative Justice process.
• The Ministers of Justice, Environment and Health are all colleagues in cabinet.

Most importantly, because of the nonfeasance of the above-named entities, people with disabilities remain in jeopardy of their health.  The failure to include them in the administration of Public Health policy is dangerous and discriminatory.

I seek penalties in the amount of $1000/day from September 6, 2018 until the first day of enforcement, paid by the above-named entities, to be placed in a revolving fund under the administration of the Accessibility Directorate for the exclusive purpose of helping restaurants meet the standard of the order.  So far, that would be $389,000.

You are certainly in possession of the documents I cite.  I look forward to hearing from you.  I prefer and request email communication.

Gus Reed