Freedom Flyer 26

the official newsletter of the
Freedom Party of Ontario

December 1994

Board of Inquiry...

NO EVIDENCE SUPPORTING RACISM COMPLAINT
AGAINST LONDON LANDLORD, BOARD RULES

TORONTO (August 24, 1994) - In a long-awaited decision by a Human Rights Commission Board of Inquiry investigating alleged racist comments made by London landlord Elijah Elieff, chairperson Ajit John concluded that: "Neither the Commission nor the Complainant produced a witness who suggested that non-Asian tenants were given more favourable treatment than Asian tenants.... I find that the Commission and the Complainant were not able to prove that the Respondents breached section 2(1) or 2(2) of the Code by failing to provide equal treatment without discrimination based on race in accommodation at the Cheyenne (Ave) apartments."

Elieff was represented before the board by Freedom Party president Robert Metz who volunteered to speak for the landlord after the fourth day of hearings.

The complaint against Elieff was filed by Chippheng Hom, one of his Asian tenants who was recruited for the task by Rev. Susan Eagle. Eagle, a lobbyist paid by four United Churches which had designated Elieff's buildings for co-op housing long before Elieff purchased them, received publicity and editorial support for her lobby from the London Free Press. The alleged racist comment first appeared in a November 8, 1989 London Free Press article, and was used as the basis of the complaint, which was filed on December 20, 1989.

Hearings into the complaint lasted thirteen full days, during the period November 16, 1992 through September 29, 1993.

THE DECISION

In his 19-page decision, John noted that Hom's official complaint stated that "she learned about (Elieff's) comments after they were made public," in the London Free Press, whereas at the hearing Hom "insisted that Mr. Elieff made these comments directly to her.

"Ms. Hom was unable to explain this discrepancy," said John. "No corroborating evidence was offered for any of these comments. Nor did the Board hear from any other Asian tenant who may have been the target of racial slurs."

Despite ruling no grounds for discrimination, John did not dismiss the complaint. He noted that "Ms. Hom has suffered injury to her dignity and considerable mental anguish ever since she filed her complaint with the Commission," and ordered Elieff to pay her "the sum of $2,500 as general and punitive damages." John argued that Elieff "adopted a different stance in his relationship with the tenants, in particular, with Ms. Hom," after the complaint was filed, and cited Hom and Eagle's testimony in providing "details of personal harassment."

This behaviour, argued John, amounted to 'reprisal,' a ground which was added to the complaint by the Commission on the sixth day of hearings. after it learned that Elieff had attempted to evict Hom for non-payment of rent during the course of board hearings.

POLITICALLY CORRECT

In response to the decision, Elieff's agent, Fp president Robert Metz comments: "I find it strange that the testimonies of Eagle or Hom would have any credibility with respect to reprisal, given the credibility of their testimonies on every other matter.

"However, from the HRC's point of view, the decision is certainly the politically correct thing to do," says Metz. "After expending thirteen full days and thousands of taxpayer dollars on hearings only to have the complaint dismissed would not serve the mandate of the Human Rights Commission. A full dismissal would mean that costs would have to be awarded against a Cambodian complainant and that could create a serious public perception problem for a government commission dedicated to protecting minorities."

During the course of the hearings, Metz argued "that both the Human Rights Commission and its Boards of Inquiry harbour a prejudiced view of the minority groups they purport to support, and that they advance racist agendas." On September 27, 1993, John slapped a publication ban on Freedom Party's June '93 edition of its party newsletter, after learning that it reported details of a deal the HRC offered Elieff in exchange for dropping the complaint against him.

The whole issue had become such an embarrassment to the community that the street name "Cheyenne Ave" was changed to "Oakville Ave".

"For Elieff, the hearings and decision represent a classic case of 'justice delayed, justice denied,"' says Metz. "Four years and eight months have passed between the filing of the complaint and the decision rendered. During that time, Mr. Elieff has lost not only the apartment buildings in question, but also his submarine sandwich shop which was targeted for 'Moral Outrage' by Susan Eagle's lobby and given front-page coverage in the London Free Press for years, the public has been constantly reminded by Eagle and the London Free Press that Elieff is a racist landlord, when this has now been shown to have no basis.

"It would be comforting to believe that Mr. Elieff's innocence would be given the same degree of notoriety as the claims made against him," reflects Metz. "But I'm not holding my breath."