Restaurant owner defends planned ban on children under 15 amid backlash
The chef and owner of a Jamaican restaurant set to open in Winnipeg's West End at the end of this month is facing both backlash and support for her decision to exclude some children from its dine-in experience.
Lawyer says case for discrimination depends on circumstances, negative outcomes experienced by complainant
Rosanna Hempel · CBC News
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The chef and owner of a Jamaican restaurant set to open in Winnipeg's West End at the end of this month is facing both backlash and support for her decision to exclude some children from its dine-in experience.
Christine Pattison recently posted on social media that she plans to only allow people age 15 and older at Miss Christine's Kitchen on Ellice Avenue.
Pattison received swift criticism, she said in an interview on Information Radio with guest host Cory Funk on Friday.
She said she has been accused of breaking the law and discriminating against children.
Pattison's goal is to create a quiet and intimate experience that would be disrupted or ruined by kids running around and screaming, she said.
"Personally, I think it's a great idea," said Pattison, who has seven grandchildren, age four to 21.
"I want to give [customers] a space where they can come without their kids and have a wonderful evening, because it's so cozy and nice in there."
Christine Pattison, the chef and owner of Miss Christine's Kitchen, says some parents don't adequately control their children, making dining at restaurants less enjoyable. (Kevin Nepitabo/CBC)
Guests will be welcomed on a reservation basis, and the restaurant won't have a kids' menu, high chairs or a changing table.
"If anyone says that their kids never drive them crazy, they are a big fat liar."
Pattison decided to go this direction because of bad experiences at her previous restaurant, where children were permitted.
"That's all fine, but for this space, I wanted to create something special for adults only," she said.
Pattison feels her decision was somewhat validated after a visit by two of her grandchildren, age four and six. They left taps on in the washroom, played with burning candles and ran around dragging things, she said.
Pattison isn't surprised by the backlash but said many people have emailed her messages of support.
Legality 'depends': lawyer
One attorney who practises human rights law said businesses must comply with Manitoba's human rights code, which includes not discriminating based on age and family status.
While the code doesn't establish a test for proving discrimination, case law does, said Joëlle Pastora Sala, who works with the Public Interest Law Centre in Winnipeg, in conversation with host Marjorie Dowhos on Radio Noon.
Pastora Sala said she is not involved in the case at Miss Christine's Kitchen and her comments are not legal advice, but an often-cited legal decision in British Columbia said to prove discrimination, complainants have to show they suffered adverse impacts from a policy.
"Once you've done that, then the establishment — or the restaurant, in this case — would have to justify … the alleged discrimination," Pastora Sala said.
Joëlle Pastora Sala, a lawyer with the Public Interest Law Centre, say generally speaking, determining illegal discrimination depends on a number of factors. (Jeff Stapleton/CBC)
In other words, the restaurant would have to justify that the age they identified is rationally connected to the service, she said.
Pastora Sala could not speak to whether Pattison's reasons were "justifiable enough."
"The classic … answer would be that it depends," she said.
It would depend on the age identified, the circumstances and the negative outcomes that a complainant suffered, Pastora Sala said.
If businesses are found to have violated human rights, the courts may offer various remedies, including financial compensation.
Businesses may also be directed to change policies and undergo training.
Pattison said she has called the Manitoba Human Rights Commission to see if her plan violates human rights, but she didn't immediately connect with anyone. She expects a response within five to 10 days.
ABOUT THE AUTHOR
Rosanna Hempel is a multiplatform journalist with a background in biology and forestry. She has been with CBC Manitoba since 2023, covering everything from extreme weather, health and housing to issues affecting Indigenous communities. She previously worked at CJOB/Global Winnipeg, where she was part of a team recognized by the Radio Television Digital News Association for its coverage of the 2023 Carberry bus crash. She speaks French and German. You can email her at rosanna.hempel@cbc.ca.
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