League for Human Rights of B'nai Brith, Abrams v. Topham, Arthur

League for Human Rights of B'nai Brith, Abrams v. Topham, Arthur

The Tribunal adjourned the proceedings sine die because Member Hadjis' decision in Warman v. Lemire raised substantial constitutional and operability questions about s.13(1) CHRA that require final determination by the Federal Court; the Tribunal lacks authority to grant a stay but can adjourn, and adjournment pending the outcome of the judicial review best serves the interests of justice and clarity for future cases under s.13.

Citation
2010 CHRT 14
Parties
Complainant: Harry Abrams; Complainant: League for Human Rights of B'Nai Brith Canada; Commission: Canadian Human Rights Commission; Respondent: Arthur Topham; Respondent: RadicalPress.com; Interested Party: Canadian Free Speech League; Interested Party: Canadian Association for Free Expression
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
27 May 2010
Procedural Posture
Human Rights Complaint Under S.13(1) of the Canadian Human Rights Act / Motion for Stay/adjournment; Proceedings Adjourned Sine Die Pending Related Federal Court Judicial Review
Outcome
Proceedings adjourned sine die pending the final outcome of the Federal Court judicial review in Warman v. Lemire
Legal Topics
Section 13(1) CHRA, Adjournment, Judicial Review, Charter S.2(b) and S.1, Operability of Statute
Source Language
English
Human Rights Administrative Law Constitutional Law Freedom of Expression Section 13(1) CHRA Adjournment Judicial Review Charter S.2(b) and S.1 +1 more

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Parties

Harry Abrams

Complainant

League for Human Rights of B'Nai Brith Canada

Complainant

Canadian Human Rights Commission

Commission

Arthur Topham

Respondent

RadicalPress.com

Respondent

Canadian Free Speech League

Interested Party

Canadian Association for Free Expression

Interested Party

Procedural Posture

Human Rights Complaint Under S.13(1) of the Canadian Human Rights Act / Motion for Stay/adjournment; Proceedings Adjourned Sine Die Pending Related Federal Court Judicial Review

Legal Issues

  1. 1 Whether the Tribunal should stay or adjourn proceedings pending the Federal Court's judicial review of Warman v. Lemire
  2. 2 Whether s.13(1) of the Canadian Human Rights Act is operable in light of the Tribunal decision in Warman v. Lemire that questioned its constitutionality
  3. 3 Whether the Tribunal has authority to grant a stay of proceedings

Ratio Decidendi

The Tribunal adjourned the proceedings sine die because Member Hadjis' decision in Warman v. Lemire raised substantial constitutional and operability questions about s.13(1) CHRA that require final determination by the Federal Court; the Tribunal lacks authority to grant a stay but can adjourn, and adjournment pending the outcome of the judicial review best serves the interests of justice and clarity for future cases under s.13.

Court Disposition

Proceedings adjourned sine die pending the final outcome of the Federal Court judicial review in Warman v. Lemire

Orders

  • Proceedings in File T1360/9008 are adjourned sine die pending the final outcome in Warman v. Lemire (Federal Court judicial review, FC file no. T-1640-09)