N.S. court hears case on unionized workers' access to Human Rights Commission

The Nova Scotia Court of Appeal heard a case Wednesday about whether unionized workers have the same access to the province's Human Rights Commissions as everyone else.

The case centres around Const. Deborah Carleton of Halifax Regional Police.

The 23-year veteran of the force was diagnosed with post traumatic stress disorder in 2015. She says her employer was doing too little to accommodate her illness and took her case to the N.S. Human Rights Commission.

Specifically, she says, HRP discriminated against her by refusing to pay for out-of-province treatment. The N.S. Human Rights Commission appointed an independent board of inquiry which ruled the commission did not have jurisdiction to hear the appeal.

The board of inquiry ruled that since Carleton is a member of the union, her dispute with her employer should be subject to the terms of her collective agreement — essentially saying it's a contract dispute. The sole authority for resolving contract disputes rests with an arbitrator.

The Human Rights Commission is appealing that decision. It alleges the board of inquiry made errors in law and says the collective agreement and the Human Rights Act have concurrent jurisdiction in the matter.

"When I stop and think about that scenario, it really conjures images of two separate regimes," said Nova Scotia Human Rights Commission Lawyer Kendrick Douglas. "One where Nova Scotians can access the act and have a forum to address their allegations of discrimination. And two, union members who cannot access the act and potentially be left standing with no place to go to seek redress for their allegations of discrimination."

Several unions have been granted intervenor status including the Nova Scotia Government and General Employees Union and the Halifax Regional Police Association.

The hearing adjourned early Wednesday afternoon. The Court of Appeal has reserved its decision.