Carter v. Fisheries and Oceans Canada

Carter v. Fisheries and Oceans Canada

The Tribunal held that federal departments and commissions at issue (DFO and PSC) are not "persons" under the Human Rights Act and therefore cannot be named as respondents; section 23(1) CLPA and the scheme of the Human Rights Act permit and require proceedings against the Crown to be taken in the name of the Attorney General of Canada, so the Attorney General is substituted as the respondent representing DFO and PSC; the motion to add PSC as a separate respondent was dismissed; adding a former Deputy Minister requires compliance with Rule 8(3) and proper service and was not permitted on the existing record.

Citation
2014 CHRT 3
Parties
Complainant: Brian William Carter; Commission: Canadian Human Rights Commission; Original Respondent: Fisheries and Oceans Canada; Substituted Respondent: Attorney General of Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
6 February 2014
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act (disability) / Pre Hearing Motion — Ruling on Motion to Add/substitute Parties
Outcome
Motion partially granted: request to add the Public Service Commission as an independent respondent dismissed; Attorney General of Canada substituted as Respondent representing Department of Fisheries and Oceans and Public Service Commission; directions provided for any future attempts to add individual parties.
Legal Topics
Disability Discrimination, Duty to Accommodate, Substitution of Parties, Crown Liability and Proceedings, Tribunal Procedure (rule 8)
Source Language
English
Administrative Law Employment Law Human Rights Law Public Law Disability Discrimination Duty to Accommodate Substitution of Parties Crown Liability and Proceedings +1 more

Case Brief

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Parties

Brian William Carter

Complainant

Canadian Human Rights Commission

Commission

Fisheries and Oceans Canada

Original Respondent

Attorney General of Canada

Substituted Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act (disability) / Pre Hearing Motion — Ruling on Motion to Add/substitute Parties

Legal Issues

  1. 1 Whether an entity named as respondent must be a legal "person" under the Canadian Human Rights Act
  2. 2 Whether the Public Service Commission is a "person" capable of being a respondent
  3. 3 Whether the Department of Fisheries and Oceans is a "person" capable of being a respondent

Ratio Decidendi

The Tribunal held that federal departments and commissions at issue (DFO and PSC) are not "persons" under the Human Rights Act and therefore cannot be named as respondents; section 23(1) CLPA and the scheme of the Human Rights Act permit and require proceedings against the Crown to be taken in the name of the Attorney General of Canada, so the Attorney General is substituted as the respondent representing DFO and PSC; the motion to add PSC as a separate respondent was dismissed; adding a former Deputy Minister requires compliance with Rule 8(3) and proper service and was not permitted on the existing record.

Court Disposition

Motion partially granted: request to add the Public Service Commission as an independent respondent dismissed; Attorney General of Canada substituted as Respondent representing Department of Fisheries and Oceans and Public Service Commission; directions provided for any future attempts to add individual parties.

Orders

  • The Respondent shall be identified as "Attorney General of Canada (representing the Department of Fisheries and Oceans Canada and the Public Service Commission of Canada)", effective immediately.
  • Motion to add the Public Service Commission as a separate respondent is dismissed.