The Supreme Court of Nova Scotia has dismissed an appeal by a former health promoter with the Nova Scotia Health Authority (NSHA), who claimed he was discriminated against on the basis of race, religion, and national origin when his employment was terminated in 2019.
In a decision handed down by Justice Ann E. Smith, the court rejected the worker’s request for a judicial review of the Nova Scotia Human Rights Commission’s decision to dismiss his discrimination complaint. The Commission concluded that his case did not raise significant issues of discrimination.
Views influenced by religious beliefs
A.S., a Black Jamaican with a medical background, was hired by the NSHA as a health promoter in June 2019. His role involved working with local school communities to address health inequities, particularly among marginalized groups such as the 2SLGBTQ+ community. However, after less than two months on the job, he was terminated. The NSHA cited concerns with his performance and behavior, particularly his interactions with colleagues and his views on homosexuality, which he described as influenced by his religious beliefs.
In his complaint, A.S. alleged that he faced discrimination because of his race and religion, stating that his termination was rooted in stereotypical views of Jamaicans as homophobic. He argued that the Commissioners failed to properly consider his right to freedom of religion under the Canadian Charter of Rights and Freedoms.
No in-depth review of Charter rights
The court found that while A.S.’s views were linked to his religion, the Commission’s decision to dismiss the case was within the scope of its administrative screening role. Justice Smith noted that the Commissioners were not required to conduct an in-depth review of his Charter rights, as their decision was an administrative one rather than an adjudicative ruling.
A.S.’s position was that his Charter rights were violated by the Commission’s failure to consider them in its decision. However, the court emphasized that his complaint was filed under the Nova Scotia Human Rights Act, which provides specific grounds for dismissal. The ruling stated, “The Commissioners have the right to decide whether to dismiss the complaint … [and] are not required to provide reasons when performing their administrative and screening role.”
Views on homosexuality incompatible with role: NSHA
The NSHA argued that A.S.’s expressed views on homosexuality were incompatible with the responsibilities of his role, which required sensitivity toward the 2SLGBTQ+ community. NSHA cited several incidents in which A.S. made comments that raised concerns among colleagues, including remarks comparing homosexuality to mental illness and advising women on their behavior in ways that were deemed unprofessional.
The court determined that the Commission acted within its mandate when it dismissed his complaint on the grounds that it “raises no significant issues of discrimination,” as allowed under section 29(4) of the Nova Scotia Human Rights Act. Justice Smith concluded, “The investigator’s report amply demonstrates that its author properly identified the need to balance (his) religious beliefs with the requirements of the position.”
A.S.’s application for judicial review was denied, with the court ruling in favour of the respondents, including the Nova Scotia Human Rights Commission and the NSHA.
For more information, see Salmon v. Nova Scotia (Human Rights Commission), 2024 NSSC 295 (CanLII).
