Choudhary v. Greg Scott and Kinistin Saulteaux Nation

Choudhary v. Greg Scott and Kinistin Saulteaux Nation

The Tribunal granted a temporary stay because the Nation's Federal Court judicial review challenges the Commission's joinder of complaints under s.40(4), which raises a serious question that could fundamentally alter the structure and conduct of the Tribunal inquiry; the potential for unnecessary duplication, disclosure complications and reworking of proceedings if the joinder is later set aside, together with lack of evidence of irreparable prejudice to the Complainant, justify pausing the inquiry until the Federal Court decides T-517-22.

Citation
2022 CHRT 28
Parties
Complainant: Mohammed Choudhary; Respondent: Greg Scott; Respondent: Kinistin Saulteaux Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
12 September 2022
Procedural Posture
Canadian Human Rights Act Inquiry / Interim Ruling on Motion to Stay Proceedings Pending Judicial Review
Outcome
Stay granted
Legal Topics
Stay of Proceedings, Judicial Review of Administrative Decisions, Procedural Fairness, Joinder of Complaints, Abuse of Process, Expeditiousness and Disclosure
Source Language
English
Human Rights Law Administrative Law Tribunal Procedure Stay of Proceedings Judicial Review of Administrative Decisions Procedural Fairness Joinder of Complaints Abuse of Process +1 more

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Parties

Mohammed Choudhary

Complainant

Greg Scott

Respondent

Kinistin Saulteaux Nation

Respondent

Procedural Posture

Canadian Human Rights Act Inquiry / Interim Ruling on Motion to Stay Proceedings Pending Judicial Review

Legal Issues

  1. 1 Whether the Tribunal should stay its proceedings pending the Federal Court's judicial review of the Commission's referral and joinder decision
  2. 2 Whether the Commission breached procedural fairness in referring and joining the complaints
  3. 3 Whether the Nation has shown prejudice or irreparable harm justifying a stay

Ratio Decidendi

The Tribunal granted a temporary stay because the Nation's Federal Court judicial review challenges the Commission's joinder of complaints under s.40(4), which raises a serious question that could fundamentally alter the structure and conduct of the Tribunal inquiry; the potential for unnecessary duplication, disclosure complications and reworking of proceedings if the joinder is later set aside, together with lack of evidence of irreparable prejudice to the Complainant, justify pausing the inquiry until the Federal Court decides T-517-22.

Court Disposition

Stay granted

Orders

  • Proceedings stayed until the decision of the Federal Court in file T-517-22 is rendered
  • Kinistin Saulteaux Nation must inform the Tribunal of the Federal Court's reasons and decision without delay