Warman v. Marc Lemire

Warman v. Marc Lemire

The Tribunal dismissed C.A.F.E.'s motion to recall and add witnesses because the contested documents had been disclosed months earlier or were already in evidence, the material does not justify reopening or duplicative testimony, and timeliness and fairness require limiting additional delay; the Tribunal granted a limited deadline extension and set specific filing and hearing dates to balance preparation needs against the duty to dispose of the complaint expeditiously.

Citation
2008 CHRT 20
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
5 June 2008
Procedural Posture
Human Rights Complaint (constitutional Challenge to S.13 of the Canadian Human Rights Act) / Interim Ruling on Procedural Motions and Scheduling for Final Arguments (pre Hearing)
Legal Topics
Section 13 CHRA, Charter S.1 Proportionality (oakes Test), Disclosure Obligations, Timeliness of Proceedings, Apprehension of Bias, Canada Evidence Act S.37 Objections
Source Language
English
Administrative Law Human Rights Law Constitutional Law Evidence Law Freedom of Expression Section 13 CHRA Charter S.1 Proportionality (oakes Test) Disclosure Obligations +3 more

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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

Human Rights Complaint (constitutional Challenge to S.13 of the Canadian Human Rights Act) / Interim Ruling on Procedural Motions and Scheduling for Final Arguments (pre Hearing)

Legal Issues

  1. 1 Whether to grant Respondent an extension to file written submissions and postpone final argument
  2. 2 Whether to allow interested party C.A.F.E. to recall witnesses and call additional witnesses based on late disclosure
  3. 3 Whether the Commission’s extra‑tribunal activities and late disclosures are relevant to the s.13 proportionality analysis under s.1 of the Charter

Ratio Decidendi

The Tribunal dismissed C.A.F.E.'s motion to recall and add witnesses because the contested documents had been disclosed months earlier or were already in evidence, the material does not justify reopening or duplicative testimony, and timeliness and fairness require limiting additional delay; the Tribunal granted a limited deadline extension and set specific filing and hearing dates to balance preparation needs against the duty to dispose of the complaint expeditiously.