Decisions
The PEI Human Rights Act was amended in 1998, changing the complaint process from a Board of Inquiry system to a Panel Decision system. Panel Decisions are listed by ground of discrimination.
Recent Decision
Complainant: Kimberley Milligan
Respondent: Smitty's Family Restaurant
Area: Employment
Ground: Sex
Panel Decision: Kimberley Milligan v Smitty's Family Restaurant - Chair Joanne Ings, September 29, 2023
Complainant: Professor Thomy Nilsson
Respondent: University of Prince Edward Island
Ground/Area: Age - Employment
Date of Decision: 25 June 2013
Complainants: Bartmann et al
Respondents: University of Prince Edward Island et al
Ground/Area: Age - Employment
Date of Order: 1 September 2011
Complainant: University of Prince Edward Island
Respondents: Lou Ann Thomson, George A. Lyle and Arthur J. Currie (Human Rights Commission Panel members), Thomy Nilsson, Richard Wills, Yogi Fell and the UPEI Faculty Association, and Canadian Union of Public Employees Local 1870
Ground/Area: Age-Employment
Date of Decision: 28 February 2011
Complainants: Nilsson et al
Respondents: University of Prince Edward Island et al
Ground/Area: Age - Employment
Date of Order: June 4, 2010
Complainants: Nilsson et al
Respondents: University of Prince Edward Island et al
Ground/Area: Age - Employment
Date of Decision on Remedy: June 4, 2010
Complainants: Nilsson et al
Respondents: University of Prince Edward Island et al
Ground/Area: Age - Employment
Date of Decision: February 18, 2010
Complainant: University of Prince Edward Island
Respondents: Lou Ann Thomson, Ann Sherman and Maurice Rio (Human Rights Commission Panel members), Thomy Nilsson, Richard Wills, Yogi Fell and the UPEI Faculty Association, and Canadian Union of Public Employees Local 1870
Ground/Area: Age-Employment
Date of Decision: 15 January 2009
Complainants: Nilsson et al
Respondent: University of Prince Edward Island
Ground/Area: Age - Employment
Date of Decision on Preliminary Matters: August 1, 2007
Complainant: Murphy et al.
Respondent: Government of PEI
Ground/Area: Age, Family status, Physical and mental disability - Services
Date of Decision: June 26, 2007
Complainant: Noel Ayangma
Respondent: Eastern School Board
Ground/Area: Race, Colour, Ethnic or national origin, Age - Employment
Decisions involved:
Third Review
Motion Regarding Rules of Court – Ayangma v. Eastern Sch.Bd. and Ano. 2009 PECA 16
Ruling on Costs – Ayangma v. Eastern School Board and Ano. 2008 PESCAD 16
Motion for Reconsideration – Ayangma v. Eastern School Board and Ano. 2008 PESCAD 15
Court of Appeal – Ayangma v. Eastern School Board and Ano., 2008 PESCAD 10
Judicial Review – Eastern School v. Montigny & Ayangma 2007 PESCTD 18
Panel Decision on Request for Reconsideration – Commissioner Montigny, January 19, 2006
Panel Decision – Commissioner Montigny, December 8, 2005
Second Review
Court of Appeal – Ayangma v. Eastern School Board 2004 PESCAD 23
Judicial Review – Ayangma v. P.E.I. Human Rights Commission 2003 PESCTD 95
Initial Review
Judicial Review – Ayangma v. HRC, 2001 PESCTD 71
Complainant: Noel Ayangma
Respondent: French School Board
Ground/Area: Race, Colour, Ethnic or national origin, Age - Employment
Decisions involved:
Second Review
Summary Judgment Motion – Ayangma v French School Brd & ano. 2007 PESCTD 12
Decision Regarding Costs – Ayangma v. French School Board 2005 PESCAD 22
Court of Appeal – Ayangma v. French School Board, 2005 PESCAD 18
Judicial Review – Ayangma v. Human Rights & Ors., 2004 PESCTD 8
Panel Decision – Commissioner Angela Cormier, February 28, 2003
Initial Review
Court of Appeal – Ayangma v. The French School Board 2002 PESCAD 5
Judicial Review – Ayangma v. HRC & French School Board 2001 PESCTD 49
Complainant: Jennifer Jay
Respondent: Royalty Holdings
Ground/Area: Age
Date of Decision: December 20, 2002
Complainant: Noel Ayangma
Respondents: Government of PEI, Marian White, Claire Arsenault, Laura Lee Howard and Eldon Rogerson (the Race Relations Advisory Committee)
Ground/Area: Colour, race, ethnic or national origin; Age – Employment
Decisions involved:
Cause of Action – Ayangma v. Govt. of PEI, 2000 PESCTD 74
Appeal of Costs – Ayangma v. P.E.I. Human Rights Commission, 2000 PESCAD 20
Application for Stay of Proceedings – Ayangma v. Government of P.E.I., 2000 PESCAD 5
Appeal of Costs – Ayangma v. Prince Edward Island, 1999 187 Nfld & PEIR 212
Statement of Claim – Ayangma v Prince Edward Island, [1998] P.E.I.J. No. 86
Complainant: Leo MacDonald
Respondent: Regional Administrative School Unit No. 1
Ground/Area: Age – Employment
Board of Inquiry decision: E. S. Murphy, March 2, 1992
Complainant: Vera Deighan
Respondent: Unit 2 Board of School Trustees
Ground/Area: Age - Employment
Date of Decision: November 20, 1978
Complainant: Stephen Pate
Respondents: Wayne Thibodeau, Teresa Wright, Donna Allen, and Members of the Press Gallery of the PEI Legislative Assembly
Grounds/Areas: Disability; Association - Services and facilities available to the public; Employment
Decisions Involved:
Judicial Review – Thibodeau et al. v PEIHRC & Pate, 2016 PESC 10
Complainants: PEI Music and Amusement Operators Association Inc., Michael McCarville, Michael Gaudet, David Kennedy, and Larry Peters
Respondent: Government of Prince Edward Island
Ground/Area: Association based on political belief - Services and facilities available to the public
Decisions Involved:
Court of Appeal – PEI Music and Amusement Operators et al. v. Govt. PEI & Ano. 2015 PECA 8
Judicial Review – PEI Music and Amusement et al.v. Gov’t of PEI 2014 PESC 20
Court of Appeal – P.E.I. Music v. Gov't. P.E.I. & HRC 2011 PECA 18
Judicial Review – PEI Music and Ors. v. PEI Gov’t and HRC 2010 PESC 40
Complainant: Deborah J. Kelly Hawkes
Respondents: Government of PEI (Dept. of Community Services, Seniors and Labour), Minister of Community Services, Seniors and Labour, and Attorney General of PEI
Grounds/Areas: Source of income; Sexual orientation; Political belief; Association - Employment; Services and facilities available to the public
Decisions Involved:
Judicial Review – Hawkes v. PEIHRC et ors. 2014 PESC 9
Complainant: Deborah Kelly
Respondent: Government of Prince Edward Island
Ground/Areas: Association, Political belief, Sexual orientation, Source of income - Services
Decisions involved:
Date of Order: 17 January 2011
Complainant: Noel Ayangma
Respondent: La Commission Scolaire de Langue Française
Area: Employment
Ground: Colour, race, ethnic or national origin
Decisions involved:
Judicial Review: Ayangma v. La Commission Scolaire et al. 2014 PESC 18
Court Order re: Costs: Ayangma v. La Commission Scolaire et al. 2014 PECA 17
Court of Appeal: Ayangma v. PEI H.Rts.Comm. & La Commission Scolaire 2015 PECA 4
Complainant: Noel Ayangma
Respondent: Public Service Alliance of Canada (PSAC)
Area: Employment
Ground: Colour, race, ethnic or national origin
Decisions involved:
Judicial Review: Ayangma v. PSAC and PEI HRC 2013 PESC26
Court of Appeal: Ayangma v. PSAC and P.E.I. H.R.C., 2014 PECA 15
Complainant: Dr. Atanu Chaudhuri
Respondent: College of Physicians and Surgeons of Prince Edward Island
Area: Employment, Membership in Professional Organization
Ground/Area: Race, Colour, Ethnic or National Origin
Decisions involved:
Panel decision: Chaudhuri v The College of Physicians and Surgeons of Prince Edward Island, 2013 CanLII 92072
Complainant: Noël Ayangma
Respondent: Canada Health Infoway Inc.
Ground/Area: Race, Colour, Ethnic or National Origin - Employment
Decisions Involved:
Panel Decision: Ayangma v Canada Health Infoway Inc, 2012 CanLII 100146
Complainant: Noel Ayangma
Respondents: Eastern School Board and Richard W. Montigny (Human Rights Panel)
Area: Employment
Ground: Colour, race, ethnic or national origin; Age
Decisions involved:
Initial Review:
Judicial Review – Ayangma v. HRC, 2001 PESCTD 71
Second Review:
Judicial Review – Ayangma v. P.E.I. Human Rights Commission 2003 PESCTD 95
Court of Appeal – Ayangma v. Eastern School Board 2004 PESCAD 23
Third Review:
Panel Decision: Ayangma v. Eastern School Board, 2005 CanLII 60064
Motion Regarding Rules of Court: Ayangma v. Eastern Sch.Bd. and Ano. 2009 PECA 16
Panel Decision on Request for Reconsideration: Commissioner Montigny, January 19, 2006
Judicial Review: Eastern School v. Montigny & Ayangma 2007 PESCTD 18
Court of Appeal: Ayangma v. Eastern School Board and Ano., 2008 PESCAD 10
Motion for Reconsideration: Ayangma v. Eastern School Board and Ano. 2008 PESCAD 15
Ruling on Costs: Ayangma v. Eastern School Board and Ano. 2008 PESCAD 16
Complainant: Noel Ayangma
Respondent: The French School Board
Area: Employment
Ground: Colour, Race, Ethnic or National Origin; Age
Decisions involved:
Initial Review:
Judicial Review: Ayangma v. HRC & French School Board 2001 PESCTD 49
Court of Appeal: Ayangma v. The French School Board 2002 PESCAD 5
Second Review:
Panel Decision: Ayangma v. French School Board, 2003 CanLII 68674
Judicial Review: Ayangma v. Human Rights & Ors., 2004 PESCTD 8
Court of Appeal: Ayangma v. French School Board, 2005 PESCAD 18
Decision Regarding Costs: Ayangma v. French School Board 2005 PESCAD 22
Summary Judgment Motion: Ayangma v French School Brd & ano. 2007 PESCTD 12
Complainant: Noel Ayangma
Respondents: Government of PEI, Marian White, Claire Arsenault, Laura Lee Howard and Eldon Rogerson (the Race Relations Advisory Committee)
Area: Employment
Ground: Colour, race, ethnic or national origin; Age
Decisions involved:
Statement of Claim: Ayangma v Prince Edward Island, [1998] P.E.I.J. No. 86
Cause of Action: Ayangma v. Govt. of PEI, 2000 PESCTD 74
Appeal of Costs: Ayangma v. Prince Edward Island, 1999 187 Nfld & PEIR 212
Application for Stay of Proceedings: Ayangma v. Government of P.E.I., 2000 PESCAD 5
Appeal of Costs: Ayangma v. P.E.I. Human Rights Commission, 2000 PESCAD 20
There are no recent decisions.
Complainant: Millie King (on behalf of Laura Catherine King)
Respondent: Government of Prince Edward Island (Disability Support Program)
Area: Services and Facilities Available to the Public
Ground: Disability
Decisions involved:
Panel Decision: King v Government of Prince Edward Island, 2016 CanLII 21171
Judicial Review: Gov’t of PEI v. PEI HRC and King 2017 PESC 7
Court of Appeal: King v. Govt. of P.E.I. et al, 2018 PECA 3
Complainant: Gordon Wain Cairns
Respondent: Eastern School District
Area: Employment
Ground: Disability
Decisions involved:
Judicial Review: Cairns v. P.E.I. HRC & Eastern School District 2016 PESC 30
Court of Appeal: Cairns v. PEIHRC and Eastern School District, 2017 PECA 16
Complainant: Stephen Pate
Respondent: Wayne Thibodeau, Teresa Wright, Donna Allen, and Members of the Press Gallery of the PEI Legislative Assembly
Area: Services and facilities available to the public; Employment
Ground: Disability; Association
Decisions involved:
Judicial Review: Thibodeau et al. v PEIHRC & Pate, 2016 PESC 10
Complainant: David Ramsay
Respondent: City of Charlottetown
Area: Employment
Ground: Disability
Decisions involved:
Judicial Review: Ramsay v. PEIHRC and City of Charlottetown 2014 PESC 27
Complainant: David W. MacDonald
Respondent: Workers Compensation Board of PEI
Area: Employment; Services and facilities available to the public
Ground: Disability; Source of income
Decisions involved:
Judicial Review: MacDonald v. PEI HRC & WCB 2014 PESC 10
Complainant: Theresa Gill
Respondent: The Royal Canadian Legion Charlottetown Branch No. 1
Area: Employment
Ground: Physical disability
Decisions involved:
Panel Decision: Gill v. Royal Canadian Legion Charlottetown Branch No. 1, 2006 CanLII 61046
Complainant: Wendy McQuaid
Respondents: Queens Region Health, PEI Nurses Union, and Jamie Ballem (Minister of Health and Social Services)
Area: Employment
Ground: Disability
Decisions involved:
Judicial Review: McQuaid v. PEI Human Rights & Ors. 2005 PESCTD 35
Complainant: Pat Coady (on behalf of Jennifer Coady)
Respondent: Queens Region Health and Department of Health and Social Services
Area: Services
Ground/Area: Disability
Decisions involved:
Panel Decision: Coady v. Queens Region Health, 2004 CanLII 71012
Complainant: Wayne Dawson
Respondent: Southport Home Centre Limited
Area: Employment
Ground: Physical disability
Decisions involved:
Panel Decision: Dawson v. Southport Home Centre Limited, 2004 CanLII 60134
Complainant: Yvonne Gaudet
Respondent: Government of Prince Edward Island
Area: Services and facilities available to the public
Ground: Physical disability
Decisions involved:
Panel decision: Richard Noonan, July 21, 2001
Complainant: Murphy et al.
Respondent: Government of PEI
Ground/Area: Age, Family status, Physical and mental disability - Services
Date of Decision: June 26, 2007
Complainant: Jennifer Jay
Respondent: Royalty Holdings Ltd.
Area: Accommodations
Ground: Age, Family status
Date of Decision: December 20, 2002
Complainant: Deborah J. Kelly (also styled as Deborah J. Hawkes or Deborah J. Kelly Hawkes)
Respondent: Family Violence Prevention Eastern P.E.I.
Ground/Area: Gender identity – Employment
Decisions involved:
Court of Appeal: Kelly v. P.E.I. H. Rts. Com. 2010 PECA 07
Complainant: Millie King, on behalf of Laura King
Respondent: Government of PEI (Minister of Family and Human Services)
Grounds/Areas: Disability; Family status - Services and facilities available to the public
Court of Appeal: King v. Govt. of P.E.I. et al, 2018 PECA 3
Judicial Review: Gov’t of PEI v. PEI HRC and King 2017 PESC 7
Panel Decision: Commissioners Lyle, dePontbriand, Bernard, March 31, 2016.
Complainant: Lorna DeWare
Respondent: Town of Kensington
Ground/Area: Sex, Marital status - Employment
Date of Decision: January 3, 2003
Complainant: Deborah Kelly
Respondent: Government of Prince Edward Island
Areas: Services
Ground: Association, Political belief, Sexual orientation, Source of income
Decisions involved:
Panel Decision: Kelly v. Prince Edward Island (Department of Community Services, Seniors and Labour), 2011 CanLII 3778
Complainant: Stephen Dowling
Respondent: Government of Prince Edward Island
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: Dowling v. Prince Edward Island (Government), 2007 CanLII 40551
Complainants: Merrill Condon, Gage Dixon, Carol Dunn, John Foote, Wanette B. Foote, Daniel King, Wanda King, Lisa MacKinnon, Jack MacSween, John McTavish and Barbara Steele
Respondent: Government of PEI
Area: Employment
Ground: Political belief
Decisions involved:
Judicial Review: Condon v. Gov’t PEI and H.R.C. 2002 PESCTD 41
Judicial Review: Condon v. Gov’t PEI and H.R.C. 2004 PESCTD 36
Court of Appeal: Govt.PEI v. Condon et al. 2006 PESCAD 01
Court of Appeal Costs Decision: Govt.PEI v. Condon et al. 2006 PESCAD 20
Complainant: Stephen Dowling
Respondent: Government of Prince Edward Island
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: Dowling v. Prince Edward Island (Government), 2004 CanLII 60136
Complainant: Stephen Dowling
Respondent: Government of Prince Edward Island
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: Dowling v. Prince Edward Island (Government), 2004 CanLII 60135
Judicial Review: Dowling v Government PEI PESCTD 2006 42
Complainants: Henry Woodard and Clarence Blanchard
Respondents: Government of Prince Edward Island (Minister of Provincial Affairs, Minster of Transportation and Public Works, Minister for Economic Development and Tourism)
Area: Employment
Ground: Political belief
Decisions involved:
Judicial Review: Woodard v Prince Edward Island (Minister of Provincial Affairs) [1996] P.E.I.J. No. 41
Complainants: Wilcey Thibodeau, John C. Blackett and Shirley Brookes
Respondent: Government of PEI
Area: Employment
Ground: Political belief
Decisions involved:
Judicial Review: Thibodeau v Prince Edward Island (Human Rights Commission), 1993 CanLII 2498 (PE SCTD)
Judicial Review: Thibodeau v Prince Edward Island (Human Rights Commission), [1993] P.E.I.J. No. 158
Judicial Review: Thibodeau v Prince Edward Island (Human Rights Commission), 1994 CanLII 3426 (PE SCTD)
Court of Appeal: Thibodeau v Prince Edward Island (Human Rights Commission), 1994 CanLII 3381 (PE SCAD)
Complainant: Michael Burge
Respondent: Prince Edward Island (Liquor Control Commission)
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: Gerald R. Foster, February 19, 1993
Judicial Review: Burge v. Prince Edward Island Liquor Control Commission, 1991 CanLII 2739 (PE SCAD)
Judicial Review: Prince Edward Island (Liquor Control Commission) v Prince Edward Island (Human Rights Board of Inquiry), [1994] P.E.I.J. No. 84
Judicial Review: Prince Edward Island (Liquor Control Commission) v Prince Edward Island (Human Rights Board of Inquiry) (re Burge), 1995 135 Nfld & PEIR 245 (P.E.I.S.C., T.D.)
Judicial Review: Prince Edward Island (Liquor Control Commission) v Prince Edward Island (Human Rights Board of Inquiry) (re Burge) [1996] P.E.I.J. No. 126
Complainant: Jamie Trainor
Respondents: Gerald R. Foster (Human Rights Commission Board of Inquiry), Government of PEI (Minister – Department of Transportation and Public Works), Attorney General of PEI
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: Gerald R. Foster, April 30, 1991
Judicial Review: Trainor v Prince Edward Island (Department of Transportation and Public Works), [1992] P.E.I.J. No. 50
Complainant: Charles R. Craig
Respondent: Government of PEI
Area: Employment
Ground: Political belief
Decisions involved:
Panel Decision: M. A. Farmer, March 15, 1983
Complainant: Ronald Jenkins
Respondents: The City of Charlottetown and Mayor George MacDonald
Ground/Area: Religion - Publication, broadcasting and advertising
Decisions involved:
Judicial Review: Jenkins v. HRC & ors. 2003 PESCTD 34
Complainant: Kimberley Milligan
Respondent: Smitty's Family Restaurant
Area: Employment
Ground: Sex
Decisions involved:
Panel decision: Milligan v Maczak Holdings Ltd, 2023 CanLII 90442
Complainant: Alison MacKinnon
Respondent: Inn on the Hill (1991) Inc.
Area: Employment
Ground: Sex
Decisions involved:
Panel decision: MacKinnon v Inn on the Hill (1991) inc, 2012 CanLII 11305
Complainant: Tanya McIlwraith
Respondent: Eva’s Restaurant and Lounge – Nadine Leudy
Area: Employment
Ground: Sex
Decisions involved:
Panel decision: McIlwraith v. Eva's Restaurant and Lounge, 2006 CanLII 61048
Complainant: Town of Kensington
Respondents: Lorna DeWare and Richard Noonan (Human Rights Commission Panel)
Area: Employment
Ground: Sex
Decisions involved:
Judicial Review: – Town of Kensington v DeWare 2004 PESCTD 40
Panel Decision – Commissioner Noonan, January 3, 2003
Complainant: Gael Matheson
Respondent: The Presbytery of Prince Edward Island
Area: Employment
Ground: Sex
Decisions involved:
Executive Director Decision: James Wyatt, March 26, 1998
Chair Review: George S. Kells, July 21, 1998
Justice Jacqueline R. Matheson, November 6, 2001
Judicial Review: Matheson v. HRC 2001 PESCTD 88
Chair Review: George S. Kells, June 12, 2002
Justice David H. Jenkins, November 7, 2003
Judicial Review: Matheson v. Human Rights Commission et al. 2003 PESCTD 87
Panel Decision on Damages: Matheson v. Presbytery of Prince Edward Island, 2007 CanLII 60951
Panel Decision: Matheson v. Presbytery of Prince Edward Island, 2006 CanLII 61047
Complainant: Lorna DeWare
Respondent: Town of Kensington
Ground/Area: Sex, Marital status - Employment
Decisions involved:
Panel Decision: DeWare v. Kensington (Town), 2003 CanLII 57472
Complainant: Mary Taylor
Respondent: Testori Americas Corp.
Area: Employment
Ground: Sex
Decisions involved:
Panel Decision: Taylor v. Testori Americas Corporation, 2000 CanLII 28435
Complainant: Ann Magill
Respondents: Government of PEI (Minister of Community Affairs and Attorney General), David Larter (Human Rights Commission Board of Inquiry) and Atlantic Turbines Inc.
Area: Employment
Ground: Sex
Decisions involved:
Judicial Review: Magill v. Prince Edward Island (Attorney General), 1999 CanLII 4177 (PE SCTD)
Board of Inquiry Decision: Executive Director David Larter, January 30, 1997
Complainant: Lisa Reiten
Respondents: The University of Prince Edward Island, Professors Richard Wills and Daniel Wolf
Area: Employment
Ground: Sex
Decisions involved:
Judicial Review – Reiten v. Prince Edward Island (Human Rights Commission), 1997 CanLII 4646 (PE SCTD)
Complainant: Mark Stevenson
Respondent: All-Can Travel Inc.
Ground/Area: Sex - Employment
Date of Decision: July 12, 1990
Complainant: Gladys Kickham
Respondent: City of Charlottetown
Ground/Area: Sex - Employment
Date of Decision: March 26, 1986 (Decision)
Complainant: Gladys Kickham
Respondent: City of Charlottetown
Ground/Area: Sex - Employment
Date of Decision: June 13, 1986 (Recommendation)
Complainant: Stephen Silliphant
Respondent: Sheiman Wakim
Ground/Area: Sex - Employment
Date of Decision: March 3, 1986
Complainant: Deborah Kelly
Respondent: Government of Prince Edward Island
Ground/Areas: Association, Political belief, Sexual orientation, Source of income - Services
Date of Order: 17 January 2011
Complainant: David W. MacDonald
Respondent: Workers Compensation Board of PEI
Grounds/Areas: Disability; Source of income - Employment; Services and facilities available to the public
Judicial Review: MacDonald v. PEI HRC & WCB 2014 PESC 10
Complainant: Deborah Kelly
Respondent: Government of Prince Edward Island
Ground/Areas: Association, Political belief, Sexual orientation, Source of income - Services
Date of Order: 17 January 2011
Complainant: Deborah J. Kelly Hawkes
Respondent: Government of PEI (Minister of Community Services, Seniors and Labour)
Ground/Areas: Source of income – Services and facilities available to the public
Judicial Review: Hawkes v. PEI Human Rights Comm. & ano. 2012 PESC 15
Panel Decision: Commissioner George Lyle, January 17, 2011
Judicial Review: Kelly v HRC 2009 PESC 13
There are no recent decisions.
There are no recent decisions.
Did you know?
- In 1998, Family Status, Sexual Orientation, Source of Income, and Criminal Conviction become protected grounds under the PEI Human Rights Act.
- In 2013, Gender Expression and Gender Identity become protected grounds.