The Manitoba Human Rights Commission is hearing the complaints of two hockey-playing sisters who were denied the right to try out for the boys team at their high school — solely because the school had a, much weaker, team for girls.

Identical twins Jesse and Amy Pasternak, 17, said they were shocked to be told they couldn't compete for the senior boys hockey team at Winnipeg's West Kildonan Collegiate when they entered Grade 10 in the fall of 2004.

The two were shunted to the girls team at the school, which they described as "a joke."

Amy testified some girls on the team had their skates on the wrong feet or didn't know how to stop on the ice.

The sisters have played hockey since childhood and have played on boys junior hockey teams outside school. Amy plays goal, while Jesse plays defence.

The Manitoba High Schools Athletics Association (MHSAA) stepped in when it learned the girls wanted to play on the boys team and forced the sisters to play on the girls team.

If a high school has teams for both sexes, the association said, female students should play on only the girls teams and male players on the boys team.

The hearing that began Monday will determine if the MHSAA can justify gender discrimination in high school athletics.

Girls teams 'a joke,' sisters say

Testifying Monday morning, Amy said she and her sister have always played on boys or mens teams, and she was shocked to learn she would not be allowed to play on the boys senior team.

Both sisters described the girls hockey team at the school as "a joke," saying they would better develop their skills playing with and against boys.

Jesse said some girls couldn't skate. She was able to score five goals in one exhibition game she played in the girls league, adding that a team isn't very good if a defence player can score that many goals.

Bargen also questioned the girls' interest in hockey. Jesse said she had not watched or didn't know if she had watched games in the Olympic and NHL hockey finals. Amy said she did not know who Hayley Wickenheiser was; Wickenheiser is arguably one of the best female hockey players in the world.

Decision could change high school athletics

Dianna Scarth, executive director of the Manitoba Human Rights Commission, said the sisters simply want a fair chance.

"They're not asking that the qualifications or the criteria be watered down in any way. They're asking for an equal opportunity to play in boys hockey," Scarth said.

But Victor Bargen, the lawyer for the MHSAA, said if the adjudicator rules in the sisters' favour, it could mean big changes for high school athletic programs.

"One of the fears that the high school association has is that you're now going to have a completely and totally merit-driven system as opposed to participation," he said. "That's a real concern."

The first three days of the hearing will be dedicated to the witnesses called by the Human Rights Commission, including the twins. The MHSAA will then be able to call its own witnesses.

Adjudicator overruled MHSAA's objections

The case proceeded to the hearing stage despite objections by the MSHAA, which argued the commission didn't have the jurisdiction to hear the complaints.

The association argued the human rights code shouldn't apply to its activities, and said the girls' school should have been the one to file an appeal. The association also claimed it wasn't the correct party to be named for discrimination in the complaint.

A government-appointed adjudicator dismissed all three objections, clearing the girls' challenge to proceed to the hearing on Monday.

Sarah Lugtig, legal counsel for the Manitoba Human Rights Commission, said the commission was pleased with the ruling.

"It has a broader aspect than just for these girls," Lugtig said.

"Had the adjudicator accepted what the association was saying about her jurisdiction, it would have meant that high school students participating in athletic activities that were sponsored by the … High Schools Athletic Association would not have had the protection of the human rights code, and that would have been a great concern for the commission."

The hearing is expected to wrap up June 29.