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 CFSL was granted interested party status because it demonstrated it would add significantly to the legal positions by presenting a broader constitutional perspective and drawing on organizational experience and counsel's prior representation of similar matters; its participation was limited to cross-examination and final submissions on constitutional issues to avoid duplication.

Citation
2009 CHRT 18
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
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
2 June 2009
Procedural Posture
Canadian Human Rights Tribunal Hate Messages / Interim Ruling on Interested Party Status
Outcome
Interested party status granted to the Canadian Free Speech League with limited participation rights
Legal Topics
Intervention, Interested Party Status, Cross Examination Rights, Constitutional Challenge, Freedom of Expression
Source Language
English
Human Rights Administrative Law Constitutional Law Freedom of Expression Publication Law Intervention Interested Party Status Cross Examination Rights +1 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

Procedural Posture

Canadian Human Rights Tribunal Hate Messages / Interim Ruling on Interested Party Status

Legal Issues

  1. 1 Whether the Canadian Free Speech League should be granted interested party status under s.50 of the Canadian Human Rights Act
  2. 2 Whether the applicant's expertise would materially assist the Tribunal
  3. 3 Whether counsel's personal experience may be attributed to the organization

Ratio Decidendi

The CFSL was granted interested party status because it demonstrated it would add significantly to the legal positions by presenting a broader constitutional perspective and drawing on organizational experience and counsel's prior representation of similar matters; its participation was limited to cross-examination and final submissions on constitutional issues to avoid duplication.

Court Disposition

Interested party status granted to the Canadian Free Speech League with limited participation rights

Orders

  • Canadian Free Speech League granted the right to cross-examine witnesses on matters relevant to constitutional issues
  • Canadian Free Speech League granted the right to make final submissions limited to constitutional issues