Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada

Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) v. Public Safety Canada

The Tribunal dismissed the stay because the Superior Court action and the Tribunal complaint are materially different in nature and legal issues: the Superior Court focuses on honour of the Crown, fiduciary duties and good faith negotiations while the Tribunal must apply the CHRA three‑part discrimination test; remedies before the Tribunal are broader and include systemic relief under s.53; res judicata does not apply because no final judgment has been rendered; the public interest and Commission’s role and the requirement for expeditious resolution weigh against a stay; consequently it is not in the interest of justice to suspend Tribunal proceedings.

Citation
2019 CHRT 9
Parties
Complainant: Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation); Commission: Canadian Human Rights Commission; Respondent: Public Safety Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
27 February 2019
Procedural Posture
Human Rights Complaint Under the Canadian Human Rights Act / Motion to Stay Proceedings; Ruling on Motion
Outcome
Respondent's motion to stay proceedings dismissed
Legal Topics
Discrimination, Stay of Proceedings, Res Judicata, Remedies, Jurisdiction, Honour of the Crown, Fiduciary Duty, First Nations Policing Program, Funding
Source Language
English
Human Rights Administrative Law Aboriginal Law Constitutional Law Civil Procedure Discrimination Stay of Proceedings Res Judicata +6 more

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Parties

Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation)

Complainant

Canadian Human Rights Commission

Commission

Public Safety Canada

Respondent

Procedural Posture

Human Rights Complaint Under the Canadian Human Rights Act / Motion to Stay Proceedings; Ruling on Motion

Legal Issues

  1. 1 Whether it is in the interest of justice to stay Tribunal proceedings pending Superior Court decision
  2. 2 Whether the Superior Court and Tribunal proceedings duplicate issues and facts to a degree that warrants a stay
  3. 3 Risk of conflicting judgments or relitigation (res judicata/issue estoppel)

Ratio Decidendi

The Tribunal dismissed the stay because the Superior Court action and the Tribunal complaint are materially different in nature and legal issues: the Superior Court focuses on honour of the Crown, fiduciary duties and good faith negotiations while the Tribunal must apply the CHRA three‑part discrimination test; remedies before the Tribunal are broader and include systemic relief under s.53; res judicata does not apply because no final judgment has been rendered; the public interest and Commission’s role and the requirement for expeditious resolution weigh against a stay; consequently it is not in the interest of justice to suspend Tribunal proceedings.

Court Disposition

Respondent's motion to stay proceedings dismissed

Orders

  • Respondent's motion to stay proceedings dismissed
  • Tribunal proceedings to continue and disclosure motion to be decided by the Tribunal