Warman v. Lemire
The recusal application was denied because CAFE failed to establish substantial grounds for a reasonable apprehension of bias: the only cited incident dated from 1997 and was remote in time, the member's involvement was with an umbrella community organization on matters unrelated to the issues in the complaint, and the member's procedural rulings and case management conduct did not amount to demonstrable partiality. Thus an informed person would not conclude there was a reasonable apprehension of bias.
- Citation
- 2008 CHRT 29
- 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
- 26 June 2008
- Procedural Posture
- Canadian Human Rights Complaint Recusal Motion / Recusal Motion Ruling
- Outcome
- Recusal application denied
- Legal Topics
- Recusal, Reasonable Apprehension of Bias, Interested Party Status, Scheduling and Disclosure
- 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 Complaint Recusal Motion / Recusal Motion Ruling
Legal Issues
- 1 Whether the Tribunal member should be disqualified for reasonable apprehension of bias
- 2 Whether past association and a 1997 joint statement with the Canadian Jewish Congress establishes substantial grounds for bias
- 3 Whether procedural rulings and conduct during the hearing demonstrate partiality
Ratio Decidendi
The recusal application was denied because CAFE failed to establish substantial grounds for a reasonable apprehension of bias: the only cited incident dated from 1997 and was remote in time, the member's involvement was with an umbrella community organization on matters unrelated to the issues in the complaint, and the member's procedural rulings and case management conduct did not amount to demonstrable partiality. Thus an informed person would not conclude there was a reasonable apprehension of bias.
Court Disposition
Recusal application denied
Orders
- CAFE's application for recusal is denied.
Full Case Text
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