Anna Fraser

Following a finding that the respondents discriminated against the complainant by refusing her the opportunity to play on a boys' hockey team because of her sex, the Board of Inquiry determined the terms of the formal order.

The Board ordered that all advertising material for the respondents' hockey programs must prominently indicate that eligibility is available to members of both sexes.

The Board also awarded the complainant $3,000 in damages for mental anguish and lost opportunity, as well as compensation for hockey school expenses incurred after she was unlawfully denied the opportunity to play, noting that damages could only be awarded for conduct occurring after the Human Rights Code was amended to prohibit such discrimination.

The complainant, a 13-year-old female, was denied the opportunity to play on a boys' competitive hockey team despite successfully trying out and being offered a position.

The respondents argued that the restriction was justified and that the Ontario Women's Hockey Association (OWHA) constituted a special program under section 13(1) of the Human Rights Code.

The Board of Inquiry found that while the OWHA is a valid special program designed to assist disadvantaged females in hockey, this does not justify denying the complainant her right to equal treatment under section 1 of the Code.

The Board concluded that the complainant was unlawfully discriminated against on the basis of sex and upheld the complaint.