Boards of Inquiry

In the past, a Board of Inquiry was a tribunal appointed to hold a hearing into a complaint filed under the Human Rights Act.

In the early years, a Board of Inquiry was usually a Law professor appointed to hear a specific complaint, but in recent years it was usually the Labour and Employment Board that was appointed to act as a Board of Inquiry.

Since June 2012, hearings under the Human Rights Act are conducted exclusively by the Labour and Employment Board. They are called Labour and Employment Board hearings, not Boards of Inquiry.

Like the Labour aand Employment Board, Boards of Inquiry were separate and independent from the Commission and their procedures and decisions could be judicially reviewed by the Court of Queen’s Bench. As in the past, the decisions of the Court of Queen’s Bench can be appealed on questions of law to the Court of Appeal and ultimately to the Supreme Court of Canada.

Only a small proportion of the total number of complaints are heard by a board since most complaints are settled by the Commission to the satisfaction of both parties, or are dismissed by the Commission as being without merit.

This is a complete, chronological listing of the Boards of Inquiry that have issued decisions since the Human Rights Act was adopted in 1967. It also lists related court decisions. It does not include cases that were settled or withdrawn without a decision on the merits by the Board of Inquiry.

For Board of Inquiry decisions issued after July 28, 2004, the full text of the decision is provided here, as well as an unofficial translation. Board of Inquiry decisions issued before that date are available online from fee-based services such as Quicklaw, WestlaweCARSWELL and the Canadian Human Rights Reporter.

All New Brunswick Board of Inquiry decisions issued after 1980 are published in the printed version of Canadian Human Rights Reporter, which is available in law school libraries. Some decisions are also published in the New Brunswick Reports, which are available in law school and Law Society libraries.

A printed copy of any individual Board of Inquiry decision in New Brunswick may be obtained from the New Brunswick Human Rights Commission.

Please note that judicial review or appeal proceedings may be pending with regard to recent Board of Inquiry and court decisions.

(in chronological order)

• Levesque, Tardif v. Daily Gleaner
  Race / Publicity
  • Board of Inquiry (Webster) (1974)

• Stairs v. Maritime Co Operative Services Ltd
  Sex / Employment
  • Board of Inquiry (Webster) (1975)

• MacBean v. Plaster Rock (Village)
  Sex / Employment
  • Board of Inquiry (Kerr) (1975)

• Naugler v. New Brunswick Liquor Corp.
  Sex / Employment
  • Board of Inquiry (Kerr) (1976)
  • Court of Queen’s Bench (1976)

• Bulger v. Royal Canadian Legion, Branch No. 4
  Sex / Employment
  • Board of Inquiry (Teed) (1978)

• Dunlop v. Calvary Temple Inc.
  Religion / Employment
  • Board of Inquiry (Teed) (1978)

• Little v. Saint John Shipbuilding and Dry Dock Co
  Age / Employment
  • Board of Inquiry preliminary decision (Bruce) (1979)
  • Board of Inquiry (Bruce) (1980)

• Belliveau v. New Brunswick (School Board of District No 13)
  Retaliation / Employment
  • Board of Inquiry (Savoie) (1981)

• Barton v. New Brunswick Electric Power Commission
  Physical disability / Employment
  • Board of Inquiry (Stanley) (1981)

• Doherty v. Lodger's International Ltd.
  Sex / Employment
  • Board of Inquiry (Goss) (1981)
  • Court of Queen's Bench (1982)
  • Court of Appeal (1983)

• Kuun v. University of New Brunswick
  Age / Employment
  • Board of Inquiry (Goss) (1983)
  • Court of Appeal (1984)

• Buggie v. Moncton (City)
  Age / Employment
  • Board of Inquiry (MacGregor) (1984)
  • Court of Queen's Bench, (1984)
  • Court of Appeal (1885)
  • Order of the Board of Inquiry (MacGregor) (1986)

• Newman v. New Brunswick (School District No. 8)
  Sex / Employment
  • Board of Inquiry (Morris) (1985)

• MacKay et al v. King's Landing Corp.
  Sex / Employment
  • Board of Inquiry (Mungall) (1986)

• Sonnenberg v. Lang
  Religion / Service
  • Board of Inquiry (Larlee) (1988)
  • Court of Queen's Bench, (1989)

• Chouinard v. NBIP Forest Products Inc.
  Physical disability / Employment
  • Board of Inquiry (MacLean) (1987)

• Daigle v. Hunter
  Sexual harassment / Employment
  • Board of Inquiry (Ruben) (1988)

• Attis v. New Brunswick (School District 15)
  Religion & Ancestry / Publicity & Service
  • Court of the Queen's Bench (1988)
  • Court of Appeal (1989)
  • Court of the Queen's Bench (1990), No. 1
  • Court of the Queen's Bench (1990), No. 2
  • Court of Appeal (1990)
  • Board of Inquiry (Bruce) (1991)
  • Court of the Queen's Bench (1991)
  • Court of Appeal (1993)
  • Supreme Court of Canada (1996) (CanLII)
  • United Nations Human Rights Committee (2000)

• Henwood v. Tri-Gil Paving & Construction Ltd
  Marital status / Employment
  • Board of Inquiry HR-001-97, Labour & Employment Board (Lordon) (1997)

• Hill, Brewer v. Woodside
  Sexual orientation / Service
  • Board of Inquiry (Bruce) (1998)

• Attis v. State Chemical Ltd.
  Physical disability / Employment
  • Board of Inquiry HR-001-98, Labour & Employment Board (McGinley) (1999)

• Trites v. Meridian Computer Systems Group Inc. and Dean
  Sexual harassment / Employment
  • Board of Inquiry HR-002-98, Labour & Employment Board (McGinley) (1999)

• Jensen v. Meridian Computer Systems Group Inc. and Dean
  Sexual harassment / Employment
  • Board of Inquiry HR-003-98, Labour & Employment Board (McGinley) (1999)

• Langford v. Saint John (City of)
  Race & colour / Employment
  • Board of Inquiry HR-001-99, Labour & Employment Board (McGinley) (2000)

• Brothers v. Sobey's Inc.
  Mental disability & colour / Employment
  • Board of Inquiry HR-002-99, Labour & Employment Board (McGinley) (2000)

• Gallagher v. Stewart and University of New Brunswick
  Mental disability / Service
  • Board of Inquiry HR-004-99, Labour & Employment Board (McGinley) (2000)

• Thorpe v. Mount Allison University
  Marital status / Employment
  • Court of the Queen's Bench (1999)
  • Board of Inquiry HR-001-00, Labour & Employment Board (Couturier) (2000)

• Mahaney v. Mackin
  Sexual harassment / Employment
  • Board of Inquiry HR-002-00, Labour & Employment Board (MacDonald) (2000)

• Nicholson-Coy v. Work Ready Professional Corporation
  Mental disability / Employment
  • Board of Inquiry HR-003-99, Labour & Employment Board (McGinley) (2001)

• Gri v. Melanson and Riverview Home Hardware
  Sexual harassment / Employment
  • Board of Inquiry HR-002-01, Labour & Employment Board (MacPherson) (2001)

• Smith v. Irving Tissue Ltd.
  Sex / Employment
  • Board of Inquiry HR-001-01, Labour and Employment Board (MacPherson) (2001)

• Green v. Saint John School of Nursing and Department of Advanced Education and Labour
  Sex / Service
  • Board of Inquiry HR-003-00, Labour and Employment Board (McGinley Blacquier, Quinn) (2001)
  • Court of Queen’s Bench (2002)

• Price v. Fredericton (City of) and the Chief of Police
  Age & physical disability / Employment
  • Board of Inquiry HR-001-03, Labour and Employment Board (Filliter) Interim Decision (2003)
  • Board of Inquiry HR-001-03, Labour and Employment Board (Filliter) Final Decision (2004)
  • Court of Queen’s Bench (2004)
  • Court of Appeal (2005)

• Daigle v. Griffin’s Pub and Peterson
  Physical disability / Employment
  • Board of Inquiry HR-002-02, Labour & Employment Board (Lawson) (2003)
  • Court of Queen’s Bench (2005)

• Sahyoun v. Atlantic Colleges Athletics Association, Canadian Colleges Athletics Association and University of New Brunswick (Saint-John
  National origin & place of origin / Service
  • Board of Inquiry HR–003-02, Labour and Employment Board (Couturier) (2004)

• A.A., B.B., C.C. v. New Brunswick (Department of Family & Community Services and Department. of Health & Welfare
  Sexual orientation & marital status / Service
  • Board of Inquiry HR-004-03, Labour and Employment Board (Bladon) (2004)

• B.C. v. New Brunswick (Department of Education)
  Mental disability & physical disability / Service
  • Board of Inquiry HR-003-01, Labour and Employment Board (MacPherson, Cluney, Murphy) (2004)
  • Court of Queen’s Bench (2005)

• Scott v. Potash Corporation of Saskatchewan
  Age / Employment
  • Board of Inquiry HR-004-04, Labour and Employment Board (Filliter) Interim Decision (2004)
  • Court of Queen’s Bench (2005)
  • Court of Appeal (2005)
  • Court of Appeal (2006)
  • Supreme Court of Canada (2008)

• Hooper v. Dante’s Dance Club Inc. and Foriere
  Sex & sexual harassment / Employment
  • Board of Inquiry HR-003-05, Labour & Employment Board (Filliter) (2006)

• Tracey v. 502798 NB Inc. (formerly Melanson’s Waste Management Inc.)
  Marital status / Employment
  • Board of Inquiry HR-009-06, Labour & Employment Board (Filliter) (2007)

• Ewart v. Kilburn
  Sexual harassment / Employment
  • Board of Inquiry HR-005-06, Labour & Employment Board (Filliter) (2007); (CanLII)

• Steeves v. Woody’s Place, O’Brien’s Pub / RPK Inc. and Johnson
  Sexual harassment / Employment
  • Board of Inquiry HR-005-07, Labour & Employment Board (Filliter) (2007); (CanLII)

• Sock v. Legal Aid New Brunswick
  Race & ancestry / Employment
  • Board of Inquiry HR-003-07, Labour & Employment Board (Kenny) (2008); (CanLII)

• McConnell v. Brunswick News Inc.
  Mental disability / Employment
  • Board of Inquiry HR-007-06, Labour & Employment Board (Bladon) Interim Decision No. 1 (2008); (CanLII)
  • Board of Inquiry HR-007-06, Labour & Employment Board (Bladon) Interim Decision No. 2 (2008); (CanLII)
  • Board of Inquiry HR-007-06, Labour & Employment Board (Bladon) Interim Decision No. 3 (2008); (CanLII)

• Blair v. New Brunswick (Office of the Superintendent of Pensions)
  Age / Service
  • Board of Inquiry HR-002-06 Labour & Employment Board (Filliter) (2008); (CanLII)

NOTE: The CanLii free website may have a few recent additional decisions of the Labour and Employment Board that have not yet been translated. Most of these decisions do not concern the Human Rights Act.