Warman v. Marc Lemire
The Tribunal exercised its discretion to grant an adjournment sine die because invoking s.37 CEA places determination of public interest immunity within the superior court's jurisdiction; proceeding to close the case would unfairly prejudice the respondent's right to present evidence that may be ordered disclosed by the Federal Court; the Tribunal must preserve natural justice and the full opportunity to present evidence under s.50 CHRA while monitoring delay through case management.
- Citation
- 2007 CHRT 37
- Parties
- Complainant: Richard Warman; Commission: Canadian Human Rights Commission; Respondent: Marc Lemire; Interested Party: Attorney General of Canada; Interested Party: Canadian Association for Free Expression; Interested Party: Canadian Free Speech League; Interested Party: Canadian Jewish Congress; Interested Party: Friends of Simon Wiesenthal Center for Holocaust Studies; Interested Party: League for Human Rights of B’nai Brith
- Court
- Canadian Human Rights Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 17 August 2007
- Procedural Posture
- Canadian Human Rights Tribunal Inquiry / Interim Ruling on Motion to Adjourn Sine Die Pending Federal Court Determination Under S.37 Canada Evidence Act
- Outcome
- Adjournment sine die granted
- Legal Topics
- Public Interest Immunity, Section 37 Canada Evidence Act, Adjournment, Disclosure, Section 13 CHRA Constitutionality, Natural Justice
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Richard Warman
Complainant
Canadian Human Rights Commission
Commission
Marc Lemire
Respondent
Attorney General of Canada
Interested Party
Canadian Association for Free Expression
Interested Party
Canadian Free Speech League
Interested Party
Canadian Jewish Congress
Interested Party
Friends of Simon Wiesenthal Center for Holocaust Studies
Interested Party
League for Human Rights of B’nai Brith
Interested Party
Procedural Posture
Canadian Human Rights Tribunal Inquiry / Interim Ruling on Motion to Adjourn Sine Die Pending Federal Court Determination Under S.37 Canada Evidence Act
Legal Issues
- 1 Whether the Tribunal should adjourn proceedings sine die pending a superior court determination of public interest immunity under s.37 CEA
- 2 Whether the information withheld under the Commission's s.37 claim is relevant to the constitutionality challenge to s.13 of the CHRA
- 3 Whether the Tribunal has jurisdiction to adjudicate matters concerning the Commission's investigative activities and whether that affects relevance
Ratio Decidendi
The Tribunal exercised its discretion to grant an adjournment sine die because invoking s.37 CEA places determination of public interest immunity within the superior court's jurisdiction; proceeding to close the case would unfairly prejudice the respondent's right to present evidence that may be ordered disclosed by the Federal Court; the Tribunal must preserve natural justice and the full opportunity to present evidence under s.50 CHRA while monitoring delay through case management.
Court Disposition
Adjournment sine die granted
Orders
- Proceedings adjourned sine die pending the Federal Court determination of the Commission's s.37 Canada Evidence Act application
- Tribunal to conduct regular case management conference calls to monitor progress of the s.37 application; parties must cooperate and act with due diligence
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