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The Prince Edward Island Human Rights Commission
File # 1057-99
Between Yvonne Gaudet, Complainant
and Government of Prince Edward Island, Respondent


ORDER


Richard Noonan,
A Tribunal Appointed pursuant to the
Prince Edward Island Human Rights Act
R.S.P.E.I. 1988, Cap. H-12, as am.

Upon reviewing the Application of the Executive Director and materials filed in support and upon reviewing the materials filed by the Respondent;

And upon reviewing the affidavit evidence of the Complainant and Foster Millar, Director of Planning, Development and Building Construction for the Department of Transportation and Public Works;

And upon hearing the oral testimony of Foster Miller;

And upon hearing the Executive Director and submissions of counsel for the Respondent, I hereby order:

1. That paragraph 1 of the Order of July 24, 2001, be given immediate effect;
2. That the parties shall reconvene this proceeding as soon as possible after February 1, 2003, to review the progress of the Respondent in remedying the discrimination.

Ordered this 14th day of June 2002 at Summerside, Prince County, Province of Prince Edward Island.

Richard Noonan
Panel of Inquiry


The Prince Edward Island Human Rights Commission
File # 1057-99
Between Yvonne Gaudet, Complainant
and Government of Prince Edward Island, Respondent


ORDER

WHEREAS the parties acknowledge that the Prince County Courthouse is not wheelchair accessible and the Complainant requires a wheelchair for mobility;

AND WHEREAS the Respondent, the Government of Prince Edward Island, intends to either restore the Prince County Courthouse or to construct a new facility that would accommodate the disabled;

AND WHEREAS the Respondent and the Executive Director of the Human Rights Commission have reviewed a proposed schedule for the design, tendering and construction of a Prince County Courthouse facility that will accommodate the disabled as soon as practicable;

AND WHEREAS this Tribunal will retain jurisdiction over this proceeding until the completion of the aforesaid schedule or until such time as the Executive Director advises in writing that the Tribunal may surrender jurisdiction;

AND WHEREAS the effective date of certain paragraphs of this order will be postponed pending the completion of the aforesaid schedule;

NOW THEREFORE this Panel orders:

3. That the Government of Prince Edward Island cease discriminating against Yvonne Gaudet and similarly situated individuals in the manner of providing services offered to the public at the Prince County Courthouse in Summerside, Province of Prince Edward Island;
4. That the Government of Prince Edward Island compensate Yvonne Gaudet for hurt and humiliation in the amount of $800.00;
5. That the Government of Prince Edward Island compensate Yvonne Gaudet for $100.00 for her out of pocket expenses incurred in attending this hearing;
6. Such other relief as may be appropriate and permitted by law;
5. That paragraphs 2, 3, and 5 herein shall be effective immediately, however, paragraphs 1 and 4 may be given effect by the Tribunal upon application of the Executive Director of the Human Rights Commission upon notice to the Government of Prince Edward Island. For further certainty, should the proceeding be re-convened, the Government may make representations why paragraphs 1 and 4 herein should not be given immediate effect.

Ordered this 24th day of July 2001 at Summerside, Prince County, Province of Prince Edward Island.

Richard Noonan
Human Rights Commissioner

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