Nova Scotia

Millbrook First Nation appeals ruling in Stacey Marshall Tabor's case

The Millbrook First Nation wants a Federal Court judge to overturn a Canadian Human Rights Tribunal decision that found it denied one of its members work in the fishing industry because she was woman.

Human Rights tribunal found Tabor was denied fishing work because of gender

Stacey Marshall Tabor says she's spent eight years in a legal battle with the band and the appeal with mean another season off the water. (CBC)

The Millbrook First Nation wants a Federal Court judge to overturn a Canadian Human Rights Tribunal decision that found it denied one of its members work in the fishing industry because she was a woman.

Earlier this spring, the tribunal ruled Stacey Marshall Tabor faced discrimination for several years due to her gender and was passed over for positions on board boats by men who were less qualified.

"The women in our community, especially in the Millbrook community, there are people that want to be in a non-traditional trade," Tabor said of the ruling. "This was, I was hoping at the time, was going to break that barrier."

In the six weeks since the human rights tribunal ruled in her favour, Tabor said she has still not been able to find work in the fishing industry.

"I still pray and hope that we will win this. Not just me. Women of our community. We need this," she said Monday.

She considered it vindication that the tribunal found she was subject to derogatory remarks.

The band, however, says it disagrees with the decision and has applied for a judicial review. 

Millbrook's band manager refused to comment on the appeal on Monday. The band's lawyer says the First Nation maintains it did not discriminate against Tabor.

"More generally, the band's position is it does not engage in systemic discrimination of women generally seeking employment within band-associated enterprises," said Gavin Giles.

Lawyers for the band argue the tribunal didn't properly consider the evidence, used some evidence that was inadmissible, and was wrong in both fact and law when it found it was a "discriminatory practice" when Millbrook hired some people over Tabor in 2008.

She thinks the appeal is a stall tactic.

"We got to go through this again? It's been eight years of my life that I've been trying to get on the water. It just means another season stuck on land not working, not being able to provide for my children," she said.

"Why can't they be responsible? Why can't they do that? They messed up, they made mistakes. Fess up to it."