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1972 Can. Hum. Rts. Trib. Dec. 1 (1972)

handle is hein.journals/chrrpre1972 and id is 1 raw text is: IN THrc MATTER OF THE HU'.tAN RIGHTS ACT AND IN THE MATTER OF the Complaint by FRANCES ^VEASELFAT against DENIS MRISCOLL of DENNY-S SHELL SERVICE, Magrath, Alberta. REPORT OF DOARD OF INQUIRY The Complaint by FRANCES VWEASELFAT dated July 27th, 1971 alleged a practice of racial discrimination by DENNIS DRISCOLL of Magrath, while in the operation of his service station. A Board of Inquiry was accordingly held at Magrath, Alberta, on March 30th, 1972. Viva voce evidence was given by the Complainant, the Respondent DRISCOLL, and a Human Rights Branch officer, Elmer Harrison. Presentations in the nature of argument or summations were delivered by Keith Henders of the Human Rights Branch and by the Respondent DRISCOLL, who was nu rep, resented by Counsel. The act complained of, which by its frequency may be regarded as a practice, consists of Mr. Driscoll's requiring that Native Indian customers pay him in advance for the gasoline and related goods and services sold at his service station. The Complainant was aware of this requirement when she drove up to Mr. Driscoll's establishment for the purchase of gasoline; and although there was apparently little coersation between the parties, the cash was handed to Mr. Driscoll before he filled the order by pumping the gasoline into the gas tank of the Weaselfat vehicle. Additional evidence was offered by the Complainant, mainly of a hearsay nature, and although it was not excluded from the Hearing it bore no weight in the case against Mr. Driscoll. It was however considered as relevant to the bona fides of the Complainant-s allegation. Coupled with the information the Complainant had gleaned through reports of conversations and rumors of Mr. Driscoll's reputation with respect to his dealings with Native Indian customers, the transaction in question did undoubtedly convince the Complainant that in the words of Section 11 of the Act, she had been discriminated against contrary to the said Act. Mr. Driscoll, in his evidence, asserted that it was his practice to insist upon payment in cash (or by presentation of a credit card) before he would deliver up gasoline fuel in the case of Indians, transients, some truckers and hippies. Mr. Driscoll's service station is located on a main hi;lvay not idr trom the Cloud Indan Resec;e, and his reason 'or de,1an.+_nz payment in advance is sinoly to be assured that he would not have to extend credit or, in the alternative, lay criminal charges against customersunable

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