Human rights claim against Sobeys dismissed

A Human Rights Commission board of inquiry into a claim of discrimination against Sobeys is over.

Matthew Johns alleged he had been discriminated against based on his aboriginal status. The Granville Ferry man was employed at the Sobeys Middleton warehouse. The grocery chain denied any discrimination took place.

When Johns did not appear for the 9:30 a.m. hearing on Jan. 23, the matter was delayed for half an hour. When he still had not arrived at 10 a.m., Sobeys’ lawyer Grant Machum asked that the matter be dismissed. Commission lawyer Ann Smith, who represented the public interest at the hearing, confirmed the commission did not intend to proceed on its own and did not oppose the motion of dismissal

According to statements during the hearing, Johns and his lawyer had attempted to reach a settlement with Sobeys, but hadn’t been able to come to an agreement. Johns’ no longer has legal representation, board chairman Dennis James heard.

“I have been unable to find a lawyer on short notice,” Johns wrote in a Jan. 21 email to Smith. “I’m not going to drive more than two hours to this hearing to have Sobeys’ lawyer run me down and attack my character. This matter is supposed to be about the matter of how they handled the way I was assaulted due to my race.”

During the brief hearing, James read his emailed reply to Johns into the record.

“The explanation in your email should not be an excuse to refuse to attend the hearing,” he wrote. “The hearing process is challenging, it is a process by which information is brought forward and challenged.

“The human rights tribunal process is intended to have people come and represent themselves and make sure there is fair process,” James added, pointing out that he and the commission lawyer had a responsibility to ensure the hearing was fair.

“No matter how challenging he may be of evidence, Mr. Machum is a wellregarded lawyer who works within the confines of his professional responsibility,” James said.

“By not attending you are preventing the hearing process from proceeding so I strongly encourage you to reflect on your position before you make any final decision.”

As there was no reply to the email and Johns did not appear Jan. 23, James directed Smith to draft an order dismissing the complaint.

Johns could not be reached for comment before press time.