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THEBACHA/FORT SMITH
Michael Miltenberger has denied discriminating against a transgendered student at Aurora College in Fort Smith.

Gabrielle Landrie: Filed human rights complaint against territorial cabinet minister Michael Miltenberger

Miltenberger - MLA for Thebacha and a territorial cabinet minister - made the assertion in a written response to Gabrielle Landrie's complaint against him to the NWT Human Rights Commission.

The eight-page response was submitted by a territorial government lawyer on behalf of Miltenberger and the GNWT.

"It is the position of the respondents that the alleged discrimination did not occur," reads the document, dated Feb. 22.

The NWT Human Rights Act includes gender identity as one of the prohibited grounds for discrimination.

Landrie, a 43-year-old who dresses and lives as a woman after being born male, claims she was discriminated against because of her gender identity in a complaint she filed in December.

She said she was approached several times by Miltenberger and asked to leave the college during a visit by Gov. Gen. David Johnston on Dec. 9.

Miltenberger attended the event as a representative and minister of the GNWT.

"The facts alleged by Ms. Landrie do not disclose any denial of, or discrimination respecting services or facilities customarily available to the public," reads the submission from GNWT lawyer Erin Delaney. "Beyond this, even assuming such denial or discrimination could be established, it was not on the basis of her gender identity."

More specifically, the response rejects Landrie's assertion that Miltenberger told her to leave the college.

"Mr. Miltenberger denies telling Ms. Landrie to leave the Thebacha Campus and thereby denying her use of the college's facilities and services," the statement reads.

It continues that Miltenberger is not a college official and has no authority over who may or may not lawfully remain on the campus.

The response notes Miltenberger had been told members of the Governor General's security detail were "spooked" because Landrie had indicated she would like to meet Johnston and shake his hand, and were nervous about two people standing in a hallway - Landrie and a female friend.

According to his version of events, Miltenberger approached Landrie and her friend and told them their presence in a hallway had spooked security and the Governor General would not walk down the hallway while they were standing there.

Miltenberger stated that Landrie then said she would go into a computer classroom and did so. Just afterwards, the MLA saw the Governor General and his staff leaving the campus through a rear exit.

A statement in December from the Governor General's office in Ottawa said the tour was running late and a shorter route was taken to exit the campus to get to the next event on time, meaning a planned activity in the college foyer did not take place.

Miltenberger declined to offer any comment beyond what was in the lawyer's submission.

When contacted, Landrie repeated her accusation against Miltenberger.

"He asked me to leave the campus," she said, adding that was a denial of services prohibited under the NWT Human Rights Act.

And, she believes she was treated that way because she is transgendered.

In addition, she said Miltenberger was misusing his power as MLA and minister of Finance.

Landrie is also upset that, in the lawyer's submission, it is noted some college employees indicated it seemed she was loitering in the hallway and appeared to be looking for attention. In fact, she was so disappointed she has abandoned her studies at the college, moved out of student housing and taken a job in the community.

"The people that I thought were backing me up, they're not," she said, noting she left the college on Feb. 24, the day she received a copy of the response by Miltenberger and the GNWT to her complaint.

"The minute I got the letter and I read through it, that was my last day," said Landrie, who was in the first year of a two-year business administration program.

She couldn't say whether she might return to the college once her human rights complaint is dealt with.

Landrie has until March 16 to reply to the response from the GNWT lawyer.

After that date, her complaint may be dismissed, investigated further or referred to the NWT Human Rights Adjudication Panel for a hearing.

Landrie is seeking an apology from Miltenberger.

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