Warman v. Northern Alliance

Parties

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Procedural Ruling: Hearing on Allegations to Proceed; Constitutional Challenge Deferred Pending Lemire Outcome

Legal Issues

1. 1 Whether ss.13, 54(1) and 54(1.1) of the Canadian Human Rights Act are constitutionally applicable, valid and operative
2. 2 Whether those provisions violate ss.2(a), 2(b), 2(d) and 7 of the Charter and are justified under s.1
3. 3 Whether the Tribunal should hear the constitutional issue together with the merits or defer it pending the Lemire proceedings

Ratio Decidendi

The Tribunal will defer the hearing on the constitutional validity of ss.13, 54(1) and 54(1.1) of the Canadian Human Rights Act until the outcome of Warman v. Lemire to avoid inconsistent findings, excessive cost and to allow guidance from that proceeding; the hearing will proceed solely on the evidence regarding the complaint's allegations and no remedial orders will be issued until the courts finally determine the constitutional question.

Court Disposition

Hearing on complaint allegations to proceed now; hearing on constitutional validity of impugned sections deferred pending outcome of Warman v. Lemire; subpoenas and subpoena motion not decided at this time; no remedial orders to be issued if complaint is substantiated until courts determine the constitutional question.

Orders

• Proceed with the hearing solely on the evidence regarding the complaint's allegations.
• Defer the hearing on the constitutional validity of ss.13, 54(1) and 54(1.1) of the Canadian Human Rights Act pending the outcome in Warman v. Lemire.