Baltruweit v. Canadian Security Intelligence Service

Baltruweit v. Canadian Security Intelligence Service

The Tribunal lacks statutory authority under the Canadian Human Rights Act to stay its own proceedings pending judicial review; absent demonstrated natural justice concerns it should exercise its discretion to proceed expeditiously, and the proper forum to seek a stay is the Federal Court which has express power to grant such relief; accordingly the Attorney General's motion to stay is dismissed.

Citation
2004 CHRT 14
Parties
Complainant: William J. Baltruweit; Commission: Canadian Human Rights Commission; Respondent: Canadian Security Intelligence Service
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
29 April 2004
Procedural Posture
Canadian Human Rights Complaint Under the Canadian Human Rights Act / Motion to Stay Tribunal Proceedings Pending Judicial Review
Outcome
Attorney General's motion to stay Tribunal proceedings dismissed
Legal Topics
Stay of Proceedings, Tribunal Jurisdiction, Adjournment, Natural Justice, Statutory Interpretation, Rjr‑macdonald Test
Source Language
English
Administrative Law Human Rights Law Judicial Review Constitutional Law Stay of Proceedings Tribunal Jurisdiction Adjournment Natural Justice +2 more

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Parties

William J. Baltruweit

Complainant

Canadian Human Rights Commission

Commission

Canadian Security Intelligence Service

Respondent

Procedural Posture

Canadian Human Rights Complaint Under the Canadian Human Rights Act / Motion to Stay Tribunal Proceedings Pending Judicial Review

Legal Issues

  1. 1 Whether the Canadian Human Rights Tribunal has statutory authority to stay its own proceedings pending judicial review
  2. 2 Whether the RJR‑Macdonald three‑part test applies to a tribunal motion to stay
  3. 3 Whether natural justice concerns justify a stay or adjournment of Tribunal proceedings

Ratio Decidendi

The Tribunal lacks statutory authority under the Canadian Human Rights Act to stay its own proceedings pending judicial review; absent demonstrated natural justice concerns it should exercise its discretion to proceed expeditiously, and the proper forum to seek a stay is the Federal Court which has express power to grant such relief; accordingly the Attorney General's motion to stay is dismissed.

Court Disposition

Attorney General's motion to stay Tribunal proceedings dismissed

Orders

  • Motion to stay dismissed
  • Tribunal proceedings to continue expeditiously as permitted by the Canadian Human Rights Act