Tag Archives: PEI Human Rights Commission

Complaint filed with CBC Ombudsman

CBC Ombudsman’s office hears complaints from Canadians – will they care that CBC is censoring the news about CBC human right abuse ?

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The Office of the CBC Ombudsman represents the public to ensure CBC upholds its information standards and practices.

I filed a complaint with the CBC Ombudsman this week.

The human rights abuse of the CBC Charlottetown office is so egregious, it just called out for a formal complaint.

A lawyer friend said yesterday “I just don’t get it. What’s in this for the CBC to harass you and then hide the story?”

Ester Enkins, the current CBC Ombudsman, replied that she got the complaint but made no other comment.

I don’t know how much a complaint is worth. Does the Ombudsman just excuse bad journalism and defend the CBC or do they represent the public?  I will ask them how many complaints are resolved in favour of the complainant.

CBC Ombudsman

The CBC Ombudsman exists to listen to complaints from the public about CBC reporting and broadcasting. The former Ombudsman was Vince Carlin, a CBC journalist. Mr. Carlin worked with my father at CBC Radio Canada Montreal in the 1970s. I remember him from dinner parties. Call me a CBC brat.

Esther Enkins CBC Ombudsman

Esther Enkins Ombudsman for CBC English Services. Represents public’s interests re CBC news and information content. Intrigued by challenges for modern journalism.@CBCOmbudsman (Twitter photo)

The current CBC Onbudsman is Esther Enkin. She ”was appointed Executive Editor, CBC News in 2008. Ms. Enkin has worked in radio and television at CBC since 1975. She was a founding member of  The Journal, and went on to be a documentary field producer.

In her position of executive editor CBC News, Ms. Enkin was responsible for the quality and standards of CBC journalism.   She  oversaw policy and standards, developing policy and ensuring CBC’s journalistic standards were met nationally and regionally. (Canadian Journalism Forum on Violence and Trauma)

CBC Ombudsman Complaint

You can only complain about news reporting with the Ombudsman. They will not fix human rights problems, just how the story is told.

Here is the Complaint -

“I am an internet journalist. In October 2009, the press gallery of PEI expelled me for trumped-up charges that amounted to human rights discrimination on the basis of disability and association with a disability advocacy group.”

“For 2.5 years, CBC fought the complaint. Then in April 2013, the Chairperson of the PEI Human Rights Commission granted me the right to a Panel Review.”

“What did CBC do? They filed for a judicial review to quash the panel.”

“So far so bad for Canada’s public broadcaster with a policy of inclusion and human rights for all.”
“When a CBC reporter, of his own volition, tried to interview me and cover the story, Andrew Cochrane told him to stop.”

“CBC is effectively covering up the story about my allegations of human rights abuse, and trying to derail the legal process of a fair hearing.”

“Tell me how that fits into the policy of the CBC both in Human Rights and in freedom of the press?  Here’s what happened in the newsroom in Charlottetown when the story broke.

http://njnnetwork.com/2013/05/cbc-fights-to-bury-story-about-human-rights-complaint-by-wheelchair-bound-journalist/

“This is the short version of the story and all stories have at least two sides. CBC is censoring all sides of the story. Shame on them.”

Sidebar – PEI Human Rights Commission – Pate v Thibodeau, Wright, Allen and Press Gallery of the PEI Legislature

PEI HRC Complaint filed with CBC Ombudsman photoComplaint – On October 19, 2010 Stephen Pate (complainant) filed a complaint against The Press Gallery of the PEI Legislature and Wayne Thibodeau (Guardian), Teresa Wright (Guardian) and Donna Allen (CBC) (respondents) alleging discrimination in employment and membership in a professional organization on the basis of association, physical or intellectual disability, and source of income.

Pate is self represented and the complaint runs over 330 pages with more than 200 exhibits, including an audio recording of the meeting which forms the basis of the complaint. During the meeting, the respondents stated 10 times they objected to an advocate, or lobbyist as they called it, for a disability organization in their membership.

Important dates - On November 2, 2012 the Executive Director of the PEI Human Rights Commission (PEI HRC) dismissed the complaint because he found it had no merit.

On December 2, 2012, Pate filed a request for a review by the Chairperson of the PEI Human Rights Commission.

On April 4th, the Chair of the PEI HRC issued her ruling that the executive director was in error and that their was enough evidence to call for a Human Rights Panel under the PEI Human Rights Act.

Before that panel could be organized, the respondents, represented by a CBC and Guardian appointed lawyer, filed a motion on to cancel the human rights panel. This is a legal tactic to delay, stall or end the human rights process.

The court can refuse to hear the judicial review until after the public panel hearing, send the decision back to the Chair of the PEI HRC, stay all proceedings, among other decisions.

This sidebar is summary of the Complaint and is not a complete legal statement of the complaint. Specific details of the complaint and response are confidential until they are revealed in court or at a human rights panel.

 

Complaint against press gallery goes to court

A human rights complaint involving the P.E.I. legislative assembly’s press gallery has made its way to the courts after the defendants filed an application for a judicial review.

Wayne Thibodeau fb Complaint against press gallery goes to court photo

Wayne Thibodeau, Charlottetown Guardian reporter, named in Human Rights complaint for discrimination on the basis of association, physical or intellectual disability, and source of income. (Facebook photo)

Charlottetown Guardian – In 2010, Stephen Pate filed a complaint with the P.E.I. Human Rights Commission alleging members of the P.E.I. legislative assembly press gallery discriminated against him because of his disability.

Guardian reporters Wayne Thibodeau and Teresa Wright were also named in the complaint, along with CBC producer Donna Allen, who were all members of the press gallery.

They denied the allegations of discrimination.

The application for a judicial review was filed April 29 after P.E.I. Human Rights Commission chair Anne Nicholson overturned an earlier decision to dismiss the complaint.  Continue reading

CBC kills story about Human Rights complaint by wheelchair-bound journalist

“Aren’t we supposed to be the good guys? A fight breaks out in the CBC newsroom when reporters discover CBC management has hidden a human rights story for two years.

CBC Donna Allen CBC kills story about Human Rights complaint by wheelchair bound journalist photo

CBC News Producer Donna Allen named in Human Rights Complaint – dodging the bullet (CBC photo)

“Wayne Thibodeau and Donna Allen have won journalist Stephen Pate’s human rights complaint against CBC and Transcontinental,” court reporter Brian Higgins gleefully told the May 1st 2013 meeting.

Cheers and laughter broke out in the CBC Newsroom on University Avenue in Charlottetown, Prince Edward Island.

Higgins waved in the air a copy of the Supreme Court application for a judicial review that had just been served on the PEI Human Rights Commission.

Thibodeau, political reporter for the Charlottetown Guardian, and Allen, the Executive Producer of CBC News on Prince Edward Island asked the court to “overturn the decision by Anne Nicholson” PEI Human Rights Commission chairperson.  Continue reading

Supreme Court dismisses Ayangma lawsuit against school board

The+Guardian Supreme Court dismisses Ayangma lawsuit against school board photo

EDITORIAL STAFF
The Guardian

A judge of the P.E.I. Supreme Court has dismissed a discrimination suit brought against the province’s French School Board and one of its former superintendents by well-known litigant Noel Ayangma.

In a decision handed down earlier this week, Justice Wayne Cheverie ruled that Ayangma had failed to meet the burden of proof in this case and awarded the defendants their court costs on a partial indemnity basis. Continue reading

Disability Discrimination in Workplace and its Justification

The Health Care Blog 400x125 Disability Discrimination in Workplace and its Justification photo
Editor: some of the statements reflect the law in Great Britian and are not identical in Canada or the United States.

PEI is governed by the Human Rights Act and by common law.

Generally employers are called on to accomodate workplace disability; however, there are many reported cases where employers have dismissed people based on disability. Such action by the employer may be a cause for action as a wrongful dismissal or to the Human Rights Commission, both of which can be long and expensive to pursue.

Check your local statutes and consult a lawyer in your specific case.

The Health Care Blog
By DP Consulting, Great Britain Continue reading

PEI’s Human Rights record nothing to brag about

PEI is not a Province that works actively to ensure its citizens enjoy their rights under the Charter

Valerie 2 400x377 PEIs Human Rights record nothing to brag about photo

PEI Minister Valerie Docherty

On April 17th, 2008 Tourism Minister Valerie Docherty rose in the Legislature of the Province of Prince Edward Island to speak on Equality Day, which commemorates the adoption of the Canadian Charter of Rights and Freedoms.

Despite her noble words, PEI is not a Province that works actively to ensure its citizens enjoy their rights under the Charter. The government is often the last to adopt Human Rights ideas and engages in protracted litigation against its citizens over Human Rights. Continue reading

Commission to hear disability complaint

Kent+Store+crop Commission to hear disability complaint photo


CBC News

The P.E.I. Human Rights Commission will hear a former employee’s complaint of discrimination by her employer on the basis of disability in December.

Sue Campbell was an employee at Kent Building Supplies. After she was hired by Kent, she was injured and says she could no longer perform her normal job. The commission investigated her complaint and decided it should go to a full hearing before the commission.

Continue reading