Davis v. Canada Border Services Agency

Davis v. Canada Border Services Agency

The recusal motion was dismissed because the presiding member concluded his conduct did not give rise to a reasonable apprehension of bias; however, the member resigned and asked the Tribunal Chair to assign another member or panel to the case in the interests of justice to avoid further delay and facilitate...

Source-derived case information.

Citation
2011 CHRT 6
Parties
Complainant: Fallan Davis; Commission: Canadian Human Rights Commission; Respondent: Canada Border Services Agency
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
28 March 2011
Procedural Posture
Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Recusal Motion; Presiding Member Resigned and Requested Reassignment
Outcome
Recusal motion dismissed; presiding member resigned and requested reassignment of the matter
Legal Topics
Age, Race, Sex, Recusal, Reasonable Apprehension of Bias, Procedural Fairness, Cross Examination Restrictions
Source Language
english
Human Rights Administrative Law Employment Law Judicial Review Age Race Sex Recusal +3 more

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Summary, issues, holding and outcome

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Parties

Fallan Davis

Complainant

Canadian Human Rights Commission

Commission

Canada Border Services Agency

Respondent

Procedural Posture

Human Rights Complaint (canadian Human Rights Tribunal) / Ruling on Recusal Motion; Presiding Member Resigned and Requested Reassignment

Legal Issues

  1. 1 Whether the presiding member's comments, rulings and conduct gave rise to a reasonable apprehension of bias
  2. 2 Whether restrictions on cross-examination prejudiced the respondent and produced a reasonable apprehension of bias
  3. 3 Appropriate remedy if recusal is contested and potential for further litigation and delay

Ratio Decidendi

The recusal motion was dismissed because the presiding member concluded his conduct did not give rise to a reasonable apprehension of bias; however, the member resigned and asked the Tribunal Chair to assign another member or panel to the case in the interests of justice to avoid further delay and facilitate possible narrowing or alternative resolution of issues.

Court Disposition

Recusal motion dismissed; presiding member resigned and requested reassignment of the matter

Orders

  • Recusal motion dismissed
  • Presiding member will resign effective the day after the ruling and the Tribunal Chairperson is to assign another member or panel to inquire into the complaint