Warman v. Lemire

Warman v. Lemire

The request for intervener status was denied because it was filed extremely late, would burden and complicate an already advanced and evidence-heavy hearing, and was redundant given that multiple parties already represented the same constitutional position; the Tribunal exercised its discretion to refuse intervention to preserve expeditious and fair proceedings.

Citation
2008 CHRT 17
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
16 May 2008
Procedural Posture
Human Rights Complaint Under S.13 of the Canadian Human Rights Act / Ruling on Motion for Intervener Status (pre‑final Submissions)
Outcome
Request for intervener status denied
Legal Topics
Intervener Status, Section 13 CHRA, Section 1 Charter, Case Management, Procedural Fairness
Source Language
English
Human Rights Law Constitutional Law Administrative Law Freedom of Expression Law Intervener Status Section 13 CHRA Section 1 Charter Case Management +1 more

Case Brief

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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 Under S.13 of the Canadian Human Rights Act / Ruling on Motion for Intervener Status (pre‑final Submissions)

Legal Issues

  1. 1 Whether the Canadian Constitution Foundation should be granted intervener status
  2. 2 Whether the lateness of the application justifies denial
  3. 3 Whether permitting the intervention would prejudice the efficient and expeditious conduct of the hearing

Ratio Decidendi

The request for intervener status was denied because it was filed extremely late, would burden and complicate an already advanced and evidence-heavy hearing, and was redundant given that multiple parties already represented the same constitutional position; the Tribunal exercised its discretion to refuse intervention to preserve expeditious and fair proceedings.

Court Disposition

Request for intervener status denied

Orders

  • The Canadian Constitution Foundation's request for intervener status is denied.