Moore v. Canada (Canadian Grain Commission)

Moore v. Canada (Canadian Grain Commission)

The Tribunal allowed the complaint to be amended to add allegations under s.14.1 and held that an individual complainant may allege systemic discriminatory practices and seek systemic remedies within the framework of her existing complaint without a separate s.10 amendment; the Tribunal rejected the argument that only the Commission may pursue systemic allegations and preferred the reasoning in Gaucher over Toth.

Citation
2006 CHRT 38
Parties
Complainant: Kathleen Moore; Commission: Canadian Human Rights Commission; Respondent: Canadian Grain Commission
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
30 August 2006
Procedural Posture
Human Rights Tribunal Complaint / Interlocutory Motion to Amend (pre Hearing Ruling)
Outcome
Complaint amended to add allegations under s.14.1; complainant permitted to allege systemic discrimination and seek systemic remedies within the current complaint without a formal s.10 amendment
Legal Topics
Systemic Discrimination, Amendment of Complaint, Remedies
Source Language
English
Human Rights Law Administrative Law Systemic Discrimination Amendment of Complaint Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Kathleen Moore

Complainant

Canadian Human Rights Commission

Commission

Canadian Grain Commission

Respondent

Procedural Posture

Human Rights Tribunal Complaint / Interlocutory Motion to Amend (pre Hearing Ruling)

Legal Issues

  1. 1 Whether an individual complainant may allege systemic discrimination under s.10 of the Canadian Human Rights Act
  2. 2 Whether the Tribunal may grant systemic remedies where the Commission has withdrawn and the individual complainant pursues systemic allegations
  3. 3 Whether the complaint should be amended to add allegations under s.10 and s.14.1 of the Act

Ratio Decidendi

The Tribunal allowed the complaint to be amended to add allegations under s.14.1 and held that an individual complainant may allege systemic discriminatory practices and seek systemic remedies within the framework of her existing complaint without a separate s.10 amendment; the Tribunal rejected the argument that only the Commission may pursue systemic allegations and preferred the reasoning in Gaucher over Toth.

Court Disposition

Complaint amended to add allegations under s.14.1; complainant permitted to allege systemic discrimination and seek systemic remedies within the current complaint without a formal s.10 amendment

Orders

  • Complaint amended to include allegations under s.14.1 of the Canadian Human Rights Act
  • Complainant may allege systemic discriminatory practices and claim systemic remedies within the existing complaint