Malec, Malec, Kaltush, Ishpatao, Tettaut, Malec, Mestépapéo, Kaltush v. Conseil des Montagnais de Natashquan

Malec, Malec, Kaltush, Ishpatao, Tettaut, Malec, Mestépapéo, Kaltush v. Conseil des Montagnais de Natashquan

Tribunal found prima facie race discrimination in respect of the isolated post allowance prior to 2007 because Innu teachers were denied an allowance paid to non‑Aboriginal teachers, the respondent failed to justify the distinction under Meiorin/Grismer framework, section 67 did not oust jurisdiction, claims of retaliation under s.14.1 were not established, and remedies ordered include back payment of isolated post allowances and $500 pain and suffering awards to each complainant except Germaine; special compensation was denied.

Citation
2010 CHRT 2
Parties
Complainant: Evelyne Malec; Complainant: Sylvie Malec; Complainant: Marcelline Kaltush; Complainant: Monique Ishpatao; Complainant: Anne B. Tettaut; Complainant: Anna Malec; Complainant: Germaine Mesténapéao; Complainant: Estelle Kaltush; Commission: Canadian Human Rights Commission; Respondent: Conseil des Montagnais de Natashquan
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
27 January 2010
Procedural Posture
Canadian Human Rights Act Employment Discrimination / Final Decision (tribunal Determination)
Outcome
Complaint substantiated in part: discrimination proved with respect to isolated post allowance prior to 2007; retaliation allegations dismissed; section 67 objection dismissed; remedies ordered as set out.
Legal Topics
Race Discrimination, Retaliation (s.14.1), Section 67 Indian Act Exemption, Remedies (s.53 Allowances and Damages)
Source Language
English
Human Rights Employment Law Administrative Law Indigenous Law Race Discrimination Retaliation (s.14.1) Section 67 Indian Act Exemption Remedies (s.53 Allowances and Damages)

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Parties

Evelyne Malec

Complainant

Sylvie Malec

Complainant

Marcelline Kaltush

Complainant

Monique Ishpatao

Complainant

Anne B. Tettaut

Complainant

Anna Malec

Complainant

Germaine Mesténapéao

Complainant

Estelle Kaltush

Complainant

Canadian Human Rights Commission

Commission

Conseil des Montagnais de Natashquan

Respondent

Procedural Posture

Canadian Human Rights Act Employment Discrimination / Final Decision (tribunal Determination)

Legal Issues

  1. 1 Whether complainants were discriminated against on ground of race/national or ethnic origin by denial of isolated post, housing and outing allowances contrary to s.7 Canadian Human Rights Act
  2. 2 Whether respondent retaliated or threatened retaliation contrary to s.14.1
  3. 3 Whether s.67 Indian Act provision (then in force) ousted Tribunal jurisdiction

Ratio Decidendi

Tribunal found prima facie race discrimination in respect of the isolated post allowance prior to 2007 because Innu teachers were denied an allowance paid to non‑Aboriginal teachers, the respondent failed to justify the distinction under Meiorin/Grismer framework, section 67 did not oust jurisdiction, claims of retaliation under s.14.1 were not established, and remedies ordered include back payment of isolated post allowances and $500 pain and suffering awards to each complainant except Germaine; special compensation was denied.

Court Disposition

Complaint substantiated in part: discrimination proved with respect to isolated post allowance prior to 2007; retaliation allegations dismissed; section 67 objection dismissed; remedies ordered as set out.

Orders

  • Respondent shall make available to each affected complainant the isolated post allowances they were denied for the relevant periods prior to 2007 in accordance with the policy rates ($6,000 with dependent children; $3,000 without), and applying case‑specific adjustments identified by the Tribunal (eg. spouse...
  • Respondent shall pay $500 compensation for pain and suffering to each complainant except Germaine Mesténapéao.