Released on November 19, 1998
Today the Saskatchewan Human Rights Commission announced the
settlement of two sex discrimination complaints against the
Saskatchewan Hockey Association (SHA). "This settlement gives girls
the right to play on a boys hockey team without having to register for
a girls team as well," said Donna Scott, Chief Commissioner and
Director of the Commission.
In May 1996, Mary Parks and Barry McGillis of Regina complained to the
Commission that the respondent discriminated against their daughters,
Marley Parks and Stacey McGillis, who wished to play on boys hockey
teams because they found them more challenging than girls teams.
At that time, an SHA regulation required a girl who wished to play on
a boys team to first register with an age appropriate girls team if
one existed. The Association said one reason for the rule was to
encourage the development of female hockey.
According to Parks and McGillis, the double registration rule made it
uncertain whether a girl registered on both a girls and boys team
would be allowed to play the whole season on the boys team and whether
the girl would be charged two annual league fees.
Marley Parks registered for both a girls and boys team but
actually played on a boys team for the Queen City Hockey League
in 1996-97, when she was 10 years of age. She was not asked to
pay two team fees that year. Stacey McGillis, who was 12 years
of age in 1996-97, chose not to register on a boys team that year
even though she wished to do so and had played on a boys team the
previous year.
The Saskatchewan Hockey Association agreed to settle the
complaints by eliminating the double registration rule.
"We appreciate the efforts of the parties to resolve this
complaint cooperatively," said Scott. "The settlement enables
girls to register on boys teams in the same way as boys, without
meeting more onerous rules or restrictions."
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NOTE: Please see attached backgrounder for a description of the
human rights complaint and settlement process.
For more information, contact:
Donna Scott Donalda Ford
Chief Commissioner/Director Assistant, Director
Saskatoon Regina
Telephone: (306) 933-5952 Telephone: (306) 787-2530
Media Backgrounder
Human Rights Complaint and Settlement Process
The Saskatchewan Human Rights Commission is the provincial government agency responsible for receiving discrimination complaints under the Saskatchewan Human Rights Code. The Code authorizes the Commission to investigate complaints, attempt to settle them and dismiss them if they lack merit.
The Commission does not have the statutory authority to order remedies to a human rights complaint or to penalize a person who has violated the Code. If a complaint appears to have merit but cannot be settled, it is referred to an independent adjudicator (a "board of inquiry") appointed by the Minister of Justice.
The investigation unit is responsible for receiving, investigating and attempting to settle complaints. Intake staff are the first to look at an inquiry and assess it. They decide whether a potential complaint falls within the jurisdiction of the Code and whether there is a reasonable basis for believing discrimination occurred. If those
standards are met, the complaint is formalized. That means a complaint form is drafted and signed. The complaint then moves on to the resolution stage of the process. There are two ways to resolve a complaint: through either early resolution or investigation.
Early resolution enables complainants and respondents to negotiate or mediate a settlement and dispose of a complaint without going through a full investigation. If the parties don't want to settle early on in the process, the Commission will conduct a full and impartial investigation. Investigators have the authority to interview people who may have information about a complaint. They can also examine relevant records and documents, including employee records.
If there is not enough evidence to support the complaint, it is dismissed. If there is enough evidence to support the complaint, the parties are once again invited to settle the matter. If a settlement cannot be reached, the complaint is referred to the Commissioners, who may direct the Minister of Justice to appoint a board of inquiry
to hold a formal hearing. A board of inquiry is independent of the Commission and usually consists of one person (most often a lawyer). The board hears the evidence of both sides and makes a decision about whether the Code has been violated. If there has been a violation of the Code, the board will order whatever remedies it considers appropriate.
Decisions of boards of inquiry can be appealed to the courts on questions of law.
