Abrams and the League for Human Rights of B’Nai Brith Canada v. Arthur Topham and RadicalPress.com

Abrams and the League for Human Rights of B’Nai Brith Canada v. Arthur Topham and RadicalPress.com

The Tribunal exercised its discretion under s.50 of the Canadian Human Rights Act and granted CAFE interested party status because CAFE demonstrated a unique perspective and a body of experience in s.13 proceedings that will add significantly to the legal positions in the matter; accordingly CAFE was granted the right to cross-examine witnesses and to present oral and written submissions, subject to consultation to avoid duplication.

Citation
2009 CHRT 23
Parties
Complainant: Harry Abrams; Complainant: The 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; Applicant/interested Party: Canadian Association for Free Expression
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
2 June 2009
Procedural Posture
Canadian Human Rights Tribunal S.13 CHRA Matter / Interim Ruling on Interested Party Status
Outcome
Request for interested party status granted
Legal Topics
Section 13 CHRA, Interested Party Status, Freedom of Speech, Protected Groups Expansion, Cross Examination Rights
Source Language
English
Human Rights Law Administrative Law Freedom of Expression Law Internet Regulation Hate Messages Section 13 CHRA Interested Party Status Freedom of Speech +2 more

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Parties

Harry Abrams

Complainant

The 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

Applicant/interested Party

Procedural Posture

Canadian Human Rights Tribunal S.13 CHRA Matter / Interim Ruling on Interested Party Status

Legal Issues

  1. 1 Whether the Canadian Association for Free Expression should be granted interested party status under s.50 of the Canadian Human Rights Act
  2. 2 Whether the applicant adds a unique perspective or expertise beyond existing interested parties (notably the Canadian Free Speech League)
  3. 3 Scope of rights granted to an interested party (oral and written submissions, cross-examination)

Ratio Decidendi

The Tribunal exercised its discretion under s.50 of the Canadian Human Rights Act and granted CAFE interested party status because CAFE demonstrated a unique perspective and a body of experience in s.13 proceedings that will add significantly to the legal positions in the matter; accordingly CAFE was granted the right to cross-examine witnesses and to present oral and written submissions, subject to consultation to avoid duplication.

Court Disposition

Request for interested party status granted

Orders

  • Canadian Association for Free Expression granted interested party status in the matter
  • CAFE representative entitled to cross-examine witnesses and to present oral and written submissions