Tabor v. Millbrook First Nation

Tabor v. Millbrook First Nation

On the balance of probabilities the Tribunal accepted complainant's evidence and corroborating testimony, found Millbrook's explanations inconsistent and pretextual, and concluded sex and marital status were factors in denying employment and the 2008 captain's licence; further found evidence of a broader practice excluding women from substantive fishing roles, thereby substantiating breaches of ss.7 and 10 of the CHRA.

Citation
2015 CHRT 9
Parties
Complainant: Stacey Lee Tabor; Commission: Canadian Human Rights Commission; Respondent: Millbrook First Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
29 April 2015
Procedural Posture
Canadian Human Rights Tribunal Discrimination Complaint Under the Canadian Human Rights Act / Decision (final)
Outcome
Complaint substantiated under sections 7 and 10 of the Canadian Human Rights Act (sex and marital status); remedy to be negotiated by parties; Tribunal retains jurisdiction pending resolution.
Legal Topics
Sex Discrimination, Marital Status Discrimination, Systemic Employment Exclusion, Hiring and Licensing in Fisheries, Access to Training/funding
Source Language
English
Human Rights Employment Law Administrative Law Indigenous Law Sex Discrimination Marital Status Discrimination Systemic Employment Exclusion Hiring and Licensing in Fisheries +1 more

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Parties

Stacey Lee Tabor

Complainant

Canadian Human Rights Commission

Commission

Millbrook First Nation

Respondent

Procedural Posture

Canadian Human Rights Tribunal Discrimination Complaint Under the Canadian Human Rights Act / Decision (final)

Legal Issues

  1. 1 Whether Millbrook First Nation discriminated against the complainant on the basis of sex contrary to s.7 and s.10(a) of the CHRA
  2. 2 Whether marital status (association with husband) was a factor in denial of employment/licence
  3. 3 Whether there existed a broader practice/systemic exclusion of women from the Millbrook fishery

Ratio Decidendi

On the balance of probabilities the Tribunal accepted complainant's evidence and corroborating testimony, found Millbrook's explanations inconsistent and pretextual, and concluded sex and marital status were factors in denying employment and the 2008 captain's licence; further found evidence of a broader practice excluding women from substantive fishing roles, thereby substantiating breaches of ss.7 and 10 of the CHRA.

Court Disposition

Complaint substantiated under sections 7 and 10 of the Canadian Human Rights Act (sex and marital status); remedy to be negotiated by parties; Tribunal retains jurisdiction pending resolution.

Orders

  • Parties invited to begin settlement discussions on remedy in light of the Tribunal's findings
  • Tribunal to seek an update from the parties following release of reasons on the related retaliation complaint