Halifax Fire defends itself against retired black firefighter's lawsuit
'The human rights commission considered the matter to be closed,' says department's statement of defence
Halifax Regional Fire and Emergency says allegations in a lawsuit filed last year by a retired black firefighter claiming he was discriminated against because of his race were previously dismissed by the Nova Scotia Human Rights Commission.
In a statement of defence filed at Nova Scotia Supreme Court, the fire service says George Cromwell, of Dartmouth, N.S., made the human rights complaint in 1999 and that it was discontinued or dismissed by the commission in 2001. That decision was reconsidered and upheld in 2004.
"The plaintiff has been advised by representatives of the defendant on numerous occasions following the decision of the human rights commission that it considered the matter to be closed," say the defence documents, which were filed in September.
The human rights decision cannot be found on the commission's website or elsewhere online. A commission spokesperson said it will not confirm or deny whether a complaint exists unless it goes to a board of inquiry and becomes public.
In the court papers, Cromwell alleges he was denied a position on the rescue unit of Station 13 in Dartmouth, despite his qualifications, because he is black. He is representing himself.
He also claims he was harassed and embarrassed in front of the crew because of large moustache he wore when he returned from vacation.
Cromwell is seeking $200,000 in lost earnings. No court date has been set for the case. Cromwell declined a request for an interview because his lawsuit is still before the courts.
The fire service denies Cromwell's allegations of discrimination contained in the suit. It said Cromwell filed his lawsuit, which details allegations dating back to 1999 or earlier, past the 12-month limitation period under Halifax's Charter and the provincial Limitation of Actions Act. It asks the court to dismiss the court case.
This is not the first case alleging discrimination on the job against the Halifax department.
In 2017, Ken Stuebing, a newly hired fire chief, apologized to Lianne Tessier and other female firefighters who had faced discrimination and harassment in the service for decades.
And in 2013, Halifax's former fire chief apologized to black firefighters for failing to properly address the racism they faced on the job.