COMPENSATED FOR HURT FEELINGS AND LOSS OF SELF-ESTEEM

Released on May 23, 1995

In a decision released May 19 an independent board of inquiry ordered
Calyniuk Restaurants Inc., owner of Ryly's Canadian Grill in Saskatoon,
to pay Joanne McNab $1,500 in compensation for injury to hurt feelings
and loss of self-esteem.

McNab complained to the Saskatchewan Human Rights Commission that a
doorman denied her entry to Ryly's in October, 1992, because of her
Indian ancestry. She said the doorman asked her for S.G.I. photo
identification after admitting her caucasian friend, who was not asked
for identification. McNab did not have S.G.I. identification but
produced her treaty card, SIAST student card, and liquor board card,
all bearing her photograph. She alleged the doorman refused to admit
her and made a racist remark about her as she left.

Section 12 of the Saskatchewan Human Rights Code prohibits
discrimination in the provision of public services.

When the parties could not reach a settlement the commission asked the
minister of justice to appoint a independent board of inquiry to hear
and decide McNab's complaint.

The board, Saskatoon lawyer James Scharfstein, found the respondent did
not provide a satisfactory explanation for why McNab was refused entry
while her friend was allowed in. Nor did the respondent explain the
doorman's racist remark.

Scharfstein also noted that discrimination need not be aimed at all
members of a group.

"The fact that the respondent gave evidence that many of its customers
and some of its employees were of aboriginal ancestry does not, in
itself, prove that it did not discriminate against the complainant,"
Scharfstein said.

Approximately 14 per cent of complaints received by the Saskatchewan
Human Rights Commission between April, 1994, and March, 1995, were
based on aboriginal ancestry. Of those, 57 per cent alleged
discrimination in public services.

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For more information, contact:

Donna Greschner
Chief Commissioner
Human Rights Commission
Saskatoon
Phone: 933-5952

Donalda Ford
Director
Human Rights Commission
Regina
Phone: 787-2530