Centre for Research-Action on Race Relations v. www.bcwhitepride.com

Centre for Research-Action on Race Relations v. www.bcwhitepride.com

Motions adjourned without prejudice because the existing evidentiary record is insufficient to determine whether the named respondent www.bcwhitepride.com constitutes a person or group under s.13(1) and because dismissal without a hearing is inappropriate absent clear grounds such as established issue estoppel or abuse of process; substitution or adding of parties must be determined at the hearing on a full evidentiary record.

Citation
2006 CHRT 29
Parties
Complainant: Centre for Research-Action on Race Relations; Commission: Canadian Human Rights Commission; Respondent: www.bcwhitepride.com
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
26 June 2006
Procedural Posture
Canadian Human Rights Act Complaint / Ruling on Motions (pre Hearing)
Outcome
Motions adjourned without prejudice to be raised again at the hearing
Legal Topics
Section 13(1) Interpretation, Dismissal Without Hearing, Joinder and Substitution of Parties, Evidentiary Sufficiency for Naming Respondents, Abuse of Process and Issue Estoppel
Source Language
English
Human Rights Law Administrative Law Internet/technology Law Section 13(1) Interpretation Dismissal Without Hearing Joinder and Substitution of Parties Evidentiary Sufficiency for Naming Respondents Abuse of Process and Issue Estoppel

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Parties

Centre for Research-Action on Race Relations

Complainant

Canadian Human Rights Commission

Commission

www.bcwhitepride.com

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling on Motions (pre Hearing)

Legal Issues

  1. 1 Whether a website name (www.bcwhitepride.com) constitutes a "person or group of persons" within the meaning of s.13(1) of the Canadian Human Rights Act
  2. 2 Whether the complaint should be dismissed without a hearing on the basis that the named respondent is not a person or group of persons
  3. 3 Whether the Tribunal can substitute or rename the respondent to BC White Pride Group associated with www.bcwhitepride.com

Ratio Decidendi

Motions adjourned without prejudice because the existing evidentiary record is insufficient to determine whether the named respondent www.bcwhitepride.com constitutes a person or group under s.13(1) and because dismissal without a hearing is inappropriate absent clear grounds such as established issue estoppel or abuse of process; substitution or adding of parties must be determined at the hearing on a full evidentiary record.

Court Disposition

Motions adjourned without prejudice to be raised again at the hearing

Orders

  • Adjourn the motions without prejudice
  • No determination made on substitution of BC White Pride Group associated with www.bcwhitepride.com for the named respondent; issue to be decided at hearing on full evidentiary record