Dixon v. Sandy Lake First Nation

Dixon v. Sandy Lake First Nation

Tribunal accepted that the CHRC complaint was filed and that the enlarged CHRC dismissal letter posted publicly constituted adverse treatment, but the complainant failed to prove on a balance of probabilities that Sandy Lake First Nation or any person acting on its behalf caused or directed the posting; therefore the retaliation complaint under s.14.1 CHRA is dismissed.

Citation
2018 CHRT 18
Parties
Complainant: Thomas Dixon; Commission: Canadian Human Rights Commission; Respondent: Sandy Lake First Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
22 June 2018
Procedural Posture
Retaliation Inquiry Under the Canadian Human Rights Act (section 14.1) / Final Decision
Outcome
Retaliation complaint dismissed in full.
Legal Topics
Retaliation, Prima Facie Burden and Standard of Proof, Vicarious Liability, Section 14.1 CHRA, Section 65 CHRA, Evidentiary Sufficiency
Source Language
English
Human Rights Administrative Law Indigenous Governance Retaliation Prima Facie Burden and Standard of Proof Vicarious Liability Section 14.1 CHRA Section 65 CHRA +1 more

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Parties

Thomas Dixon

Complainant

Canadian Human Rights Commission

Commission

Sandy Lake First Nation

Respondent

Procedural Posture

Retaliation Inquiry Under the Canadian Human Rights Act (section 14.1) / Final Decision

Legal Issues

  1. 1 Did the complainant file a complaint under the CHRA?
  2. 2 Did the complainant experience adverse treatment following the filing?
  3. 3 Was the CHRA complaint a factor in the adverse treatment?

Ratio Decidendi

Tribunal accepted that the CHRC complaint was filed and that the enlarged CHRC dismissal letter posted publicly constituted adverse treatment, but the complainant failed to prove on a balance of probabilities that Sandy Lake First Nation or any person acting on its behalf caused or directed the posting; therefore the retaliation complaint under s.14.1 CHRA is dismissed.

Court Disposition

Retaliation complaint dismissed in full.