Zaafrane v. Citizenship and Immigration Canada

Zaafrane v. Citizenship and Immigration Canada

The Tribunal dismissed CIC's motion to adjourn because the FCA decision in Ishaq may not resolve the distinct CHRA issues before the Tribunal, the legal tests and remedies under the CHRA differ from those in Ishaq, and CIC failed to demonstrate that proceeding would deny it natural justice; the Tribunal also retained the ability to consider and allow submissions on any relevant FCA judgment rendered before final decision.

Citation
2015 CHRT 20
Parties
Complainant: Maiia Mykolayivna Zaafrane; Commission: Canadian Human Rights Commission; Respondent: Citizenship and Immigration Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 September 2015
Procedural Posture
CHRA Inquiry / Pre Hearing Motion for Abeyance
Outcome
Respondent's motion to adjourn dismissed; inquiry to proceed
Legal Topics
Religious Discrimination, Niqab/face Covering Policy, Adjournment/abeyance, Natural Justice, Citizenship Ceremony
Source Language
English
Human Rights Administrative Law Immigration Law Constitutional Law Religious Discrimination Niqab/face Covering Policy Adjournment/abeyance Natural Justice +1 more

Case Brief

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Parties

Maiia Mykolayivna Zaafrane

Complainant

Canadian Human Rights Commission

Commission

Citizenship and Immigration Canada

Respondent

Procedural Posture

CHRA Inquiry / Pre Hearing Motion for Abeyance

Legal Issues

  1. 1 Whether CIC's niqab removal Policy is lawful or determinative of a CHRA discrimination claim
  2. 2 Whether the Tribunal should hold the CHRA inquiry in abeyance pending the Federal Court of Appeal decision in Ishaq
  3. 3 Whether denying an adjournment would result in a denial of natural justice to the Respondent

Ratio Decidendi

The Tribunal dismissed CIC's motion to adjourn because the FCA decision in Ishaq may not resolve the distinct CHRA issues before the Tribunal, the legal tests and remedies under the CHRA differ from those in Ishaq, and CIC failed to demonstrate that proceeding would deny it natural justice; the Tribunal also retained the ability to consider and allow submissions on any relevant FCA judgment rendered before final decision.

Court Disposition

Respondent's motion to adjourn dismissed; inquiry to proceed

Orders

  • Respondent's request for abeyance dismissed
  • Complaint to proceed under the Tribunal's normal pre-hearing case management process