Gen X at 40

Canada's Favorite Blog

Human Rights Decision

It appears that the Condon decision may be having some effect. See the case Dowling v. PEI in which the Human Rights Tribunal actually found the government actual discriminated against a supporter of the opposition. Please be prepared for monkeys appearing in strange places...

Here is the CBC's telling of the case:

Dowling wins discrimination case
WebPosted May 3 2004 11:03 AM ADT

CHARLOTTETOWN  —  The Human Right Commission has ruled the Binns government discriminated against golf pro Steve Dowling. Dowling was not offered a chance to compete for his job after running for the Liberals in the 1996 provincial election.

Until the election, Dowling was working as the head professional at the provincially-owned Links at Crowbush Cove course.

Shortly after coming to power the Tories changed the job description golf shop supervisor.

In her ruling Commissioner Angela Cormier said the changing the position did not amount to discrimination.

She said Dowling was not offered a chance to apply for the new position, and the person who was appointed to the job without a competition had inferior qualifications to Dowling's.

Roger MacInnis, the Conservatvie supporter who was given the job, told the hearing he had no previous experience in the golf or tourism industry. He said MLA Kevin MacAdam called him to tell he had the job if he wanted it. MacInnis did not have to apply, or fill out a job application for the job.

The commission awarded Dowling $5,000 for hurt and humiliation.

The commission said because Dowling had work at Holland College after his time job at Crowbush, he was not awarded damages for loss of income.

Dowling was one of over 800 Islanders who filed political discrimination complaints after the Conservatvies came to power in 1996. The government offered financial settlements to each of them. However, Dowling's was the only case to go to a tribunal hearing.

In her decision Cormier also said the Binns government "needlessly prolonged the proceedings and hindered the course of the inquiry." Cormier orderd the government to pay $9,600 to cover Dowling's costs of fighting the case.