BOI Chairs

Board of Inquiry (BOI)

The Nova Scotia Human Rights Commission may, at any stage after the filing of a complaint, appoint a Board of Inquiry to inquire into the complaint.

Role

A Board of Inquiry conducts a public hearing and has all the powers and privileges of a commissioner under the Public Inquiries Act. All Boards of Inquiry are public unless the chair consents to a restriction, such as a publication ban. The adjudicator (Board Chair) is independent of the Commission and is appointed by the Chief Judge of the Provincial Court.

To remedy a wrong, a Board of Inquiry has broad powers (i.e., big teeth). It can order any party who has contravened the Act to: a) do any act or thing that constitutes full compliance with the Act and b) to rectify any injury caused to any person or class of persons and/or c) to order compensation as part of rectifying the problem. Although the Act also allows legal costs to be awarded against any party except the complainant, the regulations have not yet been written and therefore they cannot be awarded.

Lawyers/ Legal Counsel

Parties do not need legal counsel to represent them at a Board of Inquiry since the rules of evidence are more relaxed, similar to Small Claims Court. Commission legal counsel can offer procedural assistance to the Board Chair and the parties as needed. Legal counsel, however, only represents the Commission (not the complainant and not the respondent) on matters of substance. This means legal counsel represents the Commission’s interest in determining whether there is discrimination under the Act.

Settlement

Settlement can occur at any stage of the human rights dispute process, even during the Board of Inquiry process. If the parties (the complainant, the respondent and the Human Rights Commission) have achieved a settlement, the Board Chair must approve it and conclude the inquiry. An inquiry is different than a court case since there is a public interest component that is also considered when concluding an inquiry.

Appeals

Any party before a Board of Inquiry may appeal the Board Chair’s decision to the Nova Scotia Court of Appeal on a question of law. The Board Chair has discretion to determine the facts and these findings, therefore, cannot be appealed. The decision can only be appealed if the Board Chair misunderstood the law, that is, the legal test(s) to be applied.

Board of Inquiry (BOI) Panel Roster (2009-2012)

Nelson Blackburn Q.C.
Cynthia Chewter
Lynn Connors
Ken Crawford Q.C.
Marion Hill
Dennis James
Donald Murray Q.C.
Peter Nathanson
Kathryn Raymond
Walter Thompson Q.C.