The Saskatchewan Human Rights Commission said it hasn’t received formal complaints after an alleged incident at a Saskatoon leisure centre.
Online complaints about a person who has male genitalia but identifies as a woman using female changerooms have recently garnered significant attention. The City of Saskatoon confirmed to 650 CKOM it’s aware of one alleged incident at the Shaw Centre on Jan. 27.
“The City’s understanding of what occurred is substantively different than what has been reported on social media, and we have no reason to believe any inappropriate behavior occurred,” city staff said in a statement.
“Any lingering, leering, inappropriate or sexual behaviour is unacceptable and should be reported to City staff so it can be investigated.”
The city said its policy, which allows any individual to choose the changeroom or washroom that aligns with their personal gender identity, follows the Saskatchewan Human Rights Code.
Barry Wilcox, interim head of the Saskatchewan Human Rights Commission, said the commission’s role is to respond to complaints — not to go searching for issues to offer its opinions on.
During an interview with Gormley, Wilcox said the commission has not received any complaints pertaining to changerooms at Saskatoon facilities. However, Wilcox noted, the commission has previously accepted and resolved complaints based on gender identity.
Wilcox explained that while the commission is tasked with the enforcement of the Saskatchewan Human Rights Code and its provisions, it does not take action itself to resolve issues. The commission is also mandated to educate and provide information to people about the code and its function, Wilcox said, which is governed by law and guided by the courts.
The commission will examine a situation or incident and relate it back to the provision of the code, Wilcox explained, making a quasi-judicial decision on whether or not something has violated the code. Resolution of any complaint found to be valid is left in the hands of the respondent, he added.
“The commission does not mandate how to resolve the issues,” Wilcox said, adding that the commission will simply decide whether or not a situation is in contravention of the code.
Wilcox said the City of Saskatoon could bring any concerns to the Commission to receive advice on how to proceed, though the ultimate decision would be left up to them.
And while Saskatoon’s administration has created policies specifically to align with the Human Rights Code, Wilcox said there is always some degree of nuance and interpretation involved.
“Any piece of legislation is always open to interpretation, or else we wouldn’t have courts and the adversarial system,” Wilcox said.
The city said several leisure centres have universal changerooms and alternate private spaces can be made available, adding that Harry Bailey Aquatic Centre is about to undergo a significant renovation to bring it up to more modern standards.
“Patrons are encouraged to reach out to a staff member to help them find a comfortable changeroom environment that suits their needs,” the city said.
–With files from Libby Giesbrecht and Brent Bosker.