Oleson v. Wagmatcook First Nation

Oleson v. Wagmatcook First Nation

The Tribunal concluded the Commission's referral, read in context with its Decision to the parties and the investigator's report, limited the inquiry to allegations of discrimination on the basis of disability; the Tribunal has no jurisdiction to broaden the complaint to age, sex or family status or to review the Commission's investigative/screening decision (recourse is by judicial review).

Citation
2019 CHRT 35
Parties
Complainant: Annie Oleson; Commission: Canadian Human Rights Commission; Respondent: Wagmatcook First Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
20 August 2019
Procedural Posture
Canadian Human Rights Act Complaint / Ruling on Scope of Complaint; Pre Hearing Case Management
Outcome
Request to broaden scope dismissed; scope limited to allegations of discrimination on the basis of disability.
Legal Topics
Discrimination, Scope of Inquiry, Commission Screening, Tribunal Jurisdiction
Source Language
English
Human Rights Administrative Law Housing Law Discrimination Scope of Inquiry Commission Screening Tribunal Jurisdiction

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Parties

Annie Oleson

Complainant

Canadian Human Rights Commission

Commission

Wagmatcook First Nation

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling on Scope of Complaint; Pre Hearing Case Management

Legal Issues

  1. 1 What is the scope of the complaint referred by the Commission to the Tribunal?
  2. 2 Whether the Tribunal can broaden the scope to include age, family status and sex after the Commission limited referral to disability
  3. 3 Whether the Tribunal may review the Commission's investigative or screening decision

Ratio Decidendi

The Tribunal concluded the Commission's referral, read in context with its Decision to the parties and the investigator's report, limited the inquiry to allegations of discrimination on the basis of disability; the Tribunal has no jurisdiction to broaden the complaint to age, sex or family status or to review the Commission's investigative/screening decision (recourse is by judicial review).

Court Disposition

Request to broaden scope dismissed; scope limited to allegations of discrimination on the basis of disability.

Orders

  • Scope of complaint referred to the Tribunal is limited to disability; Tribunal will not consider age, sex or family status allegations; No review or retrial of the Commission's screening decision by the Tribunal; Any challenge to the Commission's decision must be brought by judicial review to the Federal Court.