Judicial review of decision by Canadian Human Rights Commission

Document Sample
Judicial review of decision by Canadian Human Rights Commission Powered By Docstoc
   Judicial review of decision by Canadian Human Rights Commission appointing conciliator to attempt to settle salary
discrimination complaint—Complaint, based on Canadian Human Rights Act, s. 11 filed by Syndicat des communica-tions de
Radio-Canada (SCRC) against Canadian Broadcas-ting Corporation April 30, 1999—SCRC alleged employment groups with
majority of female staff represented by SCRC doing work equivalent to that done by primarily male compa-rison group but less
well paid—As allegation one of systemic discrimination continuing over time, not filed out of time— Question of whether delay
since complaint filed inordinate and likely to offend community’s sense of fairness depends on nature of case, complexity of
facts and issues, purpose and nature of proceedings, whether respondent contributed to or waived delay and other circumstances
of case—Standard of review applicable to Commission decision pursuant to Act, s. 44 reasonableness of
decision—Commission’s function to determine whether, facts as a whole warranting inquiry by Canadian Human Rights
Tribunal—Rule of procedural fairness requiring Commission base itself on valid, objective evidence in determining whether
evidence warrant creation of Tribunal—Based on what it appears Commission actually had available when it decided whether
inquiry into complaint by Tribunal warranted, and regardless of whether or not it had available all information and documents
provided by parties in course of investigation, unreasonable for Commission to conclude evidence sufficient to warrant referral
of matter to Tribunal for inquiry— Commission’s conclusion inquiry into complaint by Tribunal warranted unreasonable and in
itself valid reason for allowing application for judicial review at bar —Application allowed— Canadian Human Rights Act,
R.S.C., 1985, c. H-6, ss. 11, 44 (am. by R.S.C., 1985 (1st Supp.), c. 31, s. 64; S.C. 1998, c. 9, s. 24).

    2005 FC 466, Shore J., order dated 12/4/05, 23 pp.)