Tribunal rules in city’s favour over dad’s peanut claim

Human rights adjudicator finds no evidence of discrimination by Hamilton; no medical evidence introduced

The province’s Human Rights Tribunal has ruled in favour of the City of Hamilton by dismissing a discrimination complaint.

The accusation from a Hamilton father alleged the city discriminated against his daughter because it did not ban all peanut products for sale in its recreation centres.

The father argued that without the ban, the city failed to accommodate his young daughter’s severe peanut allergy.

But in a written decision two weeks ago, the human rights adjudicator found no evidence of discrimination and that the city has “alternate, reasonable forms of accommodation” other than an all-out ban.

Maureen Doyle found the girl was not excluded from recreation centres because products containing peanuts are sold there.

The father also did not provide medical evidence that his daughter has a peanut allergy, Doyle said.

The only evidence of allergic reactions came from the girl’s testimony.

Her evidence was that she goes places where peanuts are present, but takes measures to avoid contact.

She and her family take similar steps when going to restaurants, airplanes and grocery stores, Doyle wrote.

“She testified that (at) ... movie theatres, she is careful not to eat peanut products and that she wipes down the seat, being careful that there are no nuts around her.

“She testified that she always carries hand sanitizer, a disinfectant and her Epi-pen.

“She also testified that she uses an antihistamine if she becomes itchy or has hives,” Doyle said. “I am not persuaded that she has established that she is unable to attend events at city-run recreational facilities where peanuts ... are sold.”

Doyle noted the girl testified that her family and her grandparents have Nutella at home, but she cannot eat it.

The adjudicator also observed that the city has stocked its recreation centres with Epi-pens in case of life-threatening allergic reactions.

Public health spokesperson Aisling Higgins said the Human Rights Tribunal accepted the accommodations the city makes as reasonable.

The city “is also proud to stock epinephrine at 81 city locations and have trained over 700 staff to respond to an anaphylactic reaction,” Higgins said.

In addition, the city has conducted a one-year-long peanut restriction pilot project that ended in January at four recreation centres.

Higgins said a report on the project is scheduled for the city’s board of health meeting on March 19.