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GirlsBԪַ softball teams accuse City of Victoria of discrimination over fields

TeamsBԪַ human rights complaint is headed to a hearing
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GirlsBԪַ softball players deserve better field conditions, says a B.C. Human Rights Tribunal complaint. (Karen Powell photo) GirlsBԪַ softball players deserve better field conditions, says a B.C. Human Rights Tribunal complaint. (Karen Powell photo)

A B.C. Human Rights Tribunal hearing will go ahead to hear a discrimination complaint filed by a local girlsBԪַ softball association over the conditions of sports fields.

The tribunal recently ruled against the City of Victoria, which tried to quash a complaint filed in 2020 by the Beacon Hill Baseball and Softball Association.

BԪַ(The association) asked the City to approve and support work to change the baseball field at Pemberton Park into a softball field, and to upgrade the facilities,BԪַ reads the complaint. BԪַAfter phase one of those upgrades was completed, the process stalled at phase two. At this phase, the AssociationBԪַs priority was to install a BԪַskinned infieldBԪַ and a batting cage. The City did not initially approve this work. For the 2019 and 2020 seasons, softball players played at Pemberton Park without a skinned infield and batting cage.BԪַ

Michael Sharpe, a parent of an association player, filed the complaint.

BԪַMr. Sharpe alleges that the CityBԪַs conduct in response to the AssociationBԪַs 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,BԪַ says the tribunal ruling. BԪַHe says the conduct stands in contrast with the CityBԪַs approvals for upgrades and facilities used for baseball, a sport for which 96 per cent of the AssociationBԪַs players are boys. He alleges that the disparities, and the impacts on the Players, are discrimination based on sex, in violation of s. 8 of the Human Rights Code.BԪַ

The city, however, disagrees.

BԪַThe City denies discriminating,BԪַ reads the ruling. BԪַIt says that it is the Association, and not the City, that has chosen to focus its softball program at Pemberton Park. It says there are other softball fields in the City that the Association could apply to use, and/or that the Association could run its softball program at the same park as its baseball program, as it had done before 2016. It says that its decisions about Pemberton Park were made according to its usual processes, accounting for all the diverse needs of the community. It asks the Tribunal to dismiss the complaint without a hearing.BԪַ

The tribunal decision found there was good reason to continue the complaint.

BԪַTo the extent the City may be arguing that any potential discrimination has been remedied by its approval of a temporary batting cage in 2019 and the skinned infield in 2021, I am not persuaded this is a basis to dismiss the complaint. The question of whether the City is responsible for sex-related impacts on the Players for the period of the complaint is outstanding and has not been resolved. It furthers the purposes of the Code for the Tribunal to resolve that issue on its merits.BԪַ

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Chris Campbell

About the Author: Chris Campbell

I joined the Victoria BԪַ hub as an editor in 2023, bringing with me over 30 years of experience from community newspapers in Metro Vancouver and the Fraser Valley
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