SASKATOON – Four women who didn’t get a farm fuel rebate from the Saskatchewan government because they are married to farmers are getting a human rights hearing.
The four, who laid complaints in 1993 and 1994 with the Saskatchewan Human Rights Commission, will likely have their hearing and a resolution within a year, said chief commissioner Donna Greschner. All four will be heard together.
A fifth woman inquired this summer about the same issue but her complaint has not advanced as far.
Greschner said the commission’s Aug. 24 decision to proceed with the complaints requires the provincial justice minister to appoint a board of inquiry of one to three persons to hold a public hearing and render a decision.
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However, the issue could also be resolved anytime by a settlement between the commission and the finance department which regulates the farm fuel program.
Under the four-year-old program, a family farm unit can apply for a maximum rebate of $900 a year. Len Rog, an assistant deputy minister with the finance department, said in the 1994-95 fiscal year, the program received 49,400 applications and paid out $36.2 million. The average cheque was $733.
Rog said while marital status is not used as a factor to rule out applications, the program’s definition of a family farm unit is a husband and wife and dependent children under age 18. Such a unit is allowed only one rebate a year. Two brothers farming together would each be allowed to claim a rebate.
Greschner said the human rights code prohibits discrimination on the basis of marital status in the issue of public service. She said it’s discrimination that spouses who are partners in the farm can’t both apply for rebates since those farming with siblings or their adult child can each collect.
“We all know that in rural Saskatchewan lots of farm families farm together,” said Greschner. “It’s not uncommon for two brothers to farm together. They can (each apply for a rebate) but a husband and wife cannot.
“Case law is clear – this is discrimination on the basis of marital status.”
Greschner said the women simply want their applications considered: “Their applications have been turfed. The department can set criteria but it can’t discriminate.”
