Gaucher v. Canadian Armed Forces

Gaucher v. Canadian Armed Forces

The Tribunal allowed the Commission's motion to amend to add a reference to section 10 because the amendment did not change the substance of the complaint, was traceable to the facts referred to the Commission, raised no prejudice to the Respondent and is consistent with a liberal remedial approach and the Tribunal's obligation to follow the substance of the complaint under section 53.

Citation
2005 CHRT 1
Parties
Complainant: Aleta Gaucher; Commission: Canadian Human Rights Commission; Respondent: Canadian Armed Forces
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
13 January 2005
Procedural Posture
Human Rights Complaint / Motion to Amend (pre Hearing)
Outcome
Amendment allowed
Legal Topics
Amendment of Complaint, Systemic Discrimination, Tribunal Jurisdiction, Remedies Under Section 53, Section 7 and Section 10 Canadian Human Rights Act
Source Language
English
Administrative Law Human Rights Law Employment Law Remedial Law Amendment of Complaint Systemic Discrimination Tribunal Jurisdiction Remedies Under Section 53 +1 more

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Parties

Aleta Gaucher

Complainant

Canadian Human Rights Commission

Commission

Canadian Armed Forces

Respondent

Procedural Posture

Human Rights Complaint / Motion to Amend (pre Hearing)

Legal Issues

  1. 1 Whether the Commission may amend the referred complaint to add a reference to section 10 of the Canadian Human Rights Act
  2. 2 Whether the amendment would introduce a new complaint circumventing the Commission referral process
  3. 3 Whether the amendment would prejudice the Respondent and undermine fairness

Ratio Decidendi

The Tribunal allowed the Commission's motion to amend to add a reference to section 10 because the amendment did not change the substance of the complaint, was traceable to the facts referred to the Commission, raised no prejudice to the Respondent and is consistent with a liberal remedial approach and the Tribunal's obligation to follow the substance of the complaint under section 53.

Court Disposition

Amendment allowed

Orders

  • Grant the Commission's motion to amend the Complaint to add a reference to section 10 of the Canadian Human Rights Act in the Allegation clause as set out in the ruling