Former and current elected officials of the City of Victoria, as well as the city’s chief administrative officer, will likely have to stand as witnesses in a Human Rights Tribunal hearing regarding a discrimination complaint that was filed by a local girls’ softball association over the conditions of local sports fields.
In 2020, the discrimination complaint was filed by Michael Sharpe on behalf of the Beacon Hill Baseball and Softball Association, saying they asked the city to change the baseball field at Pemberton Park into a softball field, however the project stalled, leaving the players without suitable infrastructure in 2019 and 2020.
"The [association] alleges that the city’s conduct in response to the association’s requests related to Pemberton Park deprives the players of opportunities to play softball at a competitive level and develop in a sport where Canadian women excel internationally," noted the tribunal's decision. "He says the conduct stands in contrast with the city’s approvals for upgrades and facilities used for baseball, a sport for which he says 96 per cent of the association’s players are male."
In 2024, the association applied to order the proposed witnesses attend, and undergo questioning at a hearing, which the city applied to dismiss. Among those proposed witnesses is Lisa Helps, who was mayor at the time of the dispute.
According to tribunal member Robin Dean's decision on Aug. 7, the city argued the evidence sought from the witnesses is "irrelevant and inadmissible," and that city officials would have "little time left for governing if they were required to show up at every hearing and court proceeding" based on the proposed questions.
"I am satisfied that the proposed witnesses may have relevant, admissible evidence that could facilitate the just and timely resolution of this complaint," noted Dean.
The city also argued that they had more knowledgeable witnesses on their list who could provide the same evidence as the election officials – including Thomas Soulliere, deputy city manager and former director of parks, Derrick Newman, director of parks, recreation and facilities and former assistant director of construction and facilities management, and Jeff Brehaut, manager of recreation services.
"When asked if the city witnesses were the decision makers, the city responded that the answer to the question was complicated," noted Dean. "I understand from the city’s submissions that the city witnesses were the ones on the ground dealing with any requests around improvements. However, I also understand from the city’s submissions that city council and CAO were involved at some level in the decision making."
The tribunal denied the city's application opposing the orders to attend, and the association was given 14 days to set new hearing dates and times.
