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Still in search of an apology

Paul Bickford
Northern News Services
Published Monday, May 28, 2012

THEBACHA/FORT SMITH
A human rights complaint by a transgendered woman in Fort Smith has been referred for a public hearing.

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Gabrielle Landrie: "I might get my apology. That's what I'm looking for."

Gabrielle Landrie, who filed the complaint against Thebacha MLA and territorial cabinet minister Michael Miltenberger, welcomes the matter moving to a hearing.

"My reaction is hopefully, possibly I might get my apology," Landrie said. "That's what I'm looking for."

In her complaint, she alleges she was approached several times by Miltenberger and asked to leave Aurora College, where she was a student at the time, during a visit by Gov. Gen. David Johnston on Dec. 9. She said she was told her presence and that of a friend in a hallway in which Johnston was to walk had "spooked" his security detail because she had indicated a wish to meet the Governor General and shake his hand.

In the complaint filed in December, Landrie, who dresses and lives as a female after being born a male, claims she was discriminated against because of her gender identity and being asked to leave the campus was a denial of services prohibited under the NWT Human Rights Act.

Johnston and his staff left the campus through a rear exit and missed a scheduled event in the college foyer. A statement in December from the Governor General's office stated the tour was running late and a shorter route was taken to exit the campus.

Therese Boullard, director of the NWT Human Rights Commission, announced her decision to refer the matter to a public hearing in a May 1 letter.

Boullard noted the NWT Human Rights Act requires she refer a complaint for a hearing if the parties are unable to settle the matter and when it cannot be dismissed under the act.

"A referral to a hearing does not imply that discrimination has occurred," she wrote. "It means that the issues raised cannot be addressed at this stage of the process and can only be determined after a hearing."

The matter has been referred to the NWT Human Rights Adjudication Board.

A Department of Justice spokesperson said there would be no comment by Miltenberger or the GNWT, which is also a respondent to the complaint, while the matter is progressing to a hearing.

Through a GNWT lawyer, Miltenberger earlier denied discriminating against Landrie on the basis of her gender identity in a written response to the NWT Human Rights Commission.

"It is the position of the respondents that the alleged discrimination did not occur," reads the document from February.

More specifically, the response rejected Landrie's assertion that Miltenberger, who was attending the Dec. 9 event as a representative and minister of the GNWT, 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," reads the February statement, which noted Miltenberger is not a college official and has no authority over who may or may not lawfully remain on the campus.

Landrie has not yet been advised of the date of the hearing.

The 43-year-old, who was previously known as Dean Landrie, noted there was no discussion between the two sides about possibly settling the matter without going to a hearing.

"What was done wrong has to be rectified," she said, noting all she wants is an apology in a public setting.

"Everybody should be treated the same," she added. "Nobody has the right to treat anybody worse than a stray dog."

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