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The Tribunal granted Air Canada’s motion to strike retaliation allegations from the SOP, holding they were outside the scope of the complaint referred by the Commission.
The Tribunal found a sufficient nexus between the original complaint and allegations that PFN withheld Seabird Settlement disbursements and that retaliation claims could be pleaded post‑filing; balancing the interests of justice and potential prejudice, the Tribunal granted amendments 2 and 3 to the complaint and corresponding remedial additions (amendments 6 and 7) to the SOP, and denied amendments that lacked nexus or sought claims belonging to heirs rather than the Estate, without deciding the merits of any allegations.
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The Tribunal dismissed RBC’s motion: it is not bound by the investigator’s procedural instructions, there is no requirement that the complainant filed a separate retaliation complaint for those allegations to be within the scope of the initial complaint, the reprisal allegations are sufficiently linked and tenable, and the disputed paragraphs in the Statement of Particulars need not be struck out.
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The Tribunal dismissed the complaint because the act complained of—the elections officer's rejection of the nomination and enforcement of the band Election Law—did not constitute a "service customarily available to the general public" under s.5 CHRA but was a compliance/enforcement step tied to the Nation's election law; challenges to the law or to procedural fairness belong in the Federal Court, and the retaliation allegation failed on the facts (no causal link established).
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The Tribunal will permit amendments to the Statement of Particulars only to the extent the added allegations are factually and legally linked to the Commission's referral and original complaint and do not fall outside Tribunal jurisdiction or constitute mere opinion; accordingly, the three proposed SOPs are accepted for filing but specified paragraphs that lack nexus or fall outside jurisdiction are struck; retaliation allegations linked to the complaint are admissible; s.59 witness intimidation allegations and orders to discontinue the MOU are beyond the Tribunal's jurisdiction and are not p…
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The Federal Court of Appeal held that the CHRC did not breach procedural fairness by failing to interview the supervisor or additional witnesses and that the CHRC's acceptance of credible non-discriminatory explanations for the appellant's differential treatment was within a range of reasonable outcomes; accordingly the CHRC reasonably declined to refer the complaint for Tribunal inquiry and the appeal is dismissed with costs.
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The Federal Court dismissed Millbrook First Nation’s judicial reviews of two CHRT decisions finding discrimination and partial retaliation, and awarded costs to Stacey Lee Tabor.
The Tribunal granted leave to amend complaints to add further retaliation allegations, finding they were linked to the original complaint and would not prejudice the respondent.
The Federal Court dismissed judicial review of two Canadian Human Rights Commission decisions, finding no procedural unfairness and concluding both refusals to deal were reasonable.
The appeal was allowed because the investigator failed to properly investigate and disclose the classification committees' decisions and rationale that were central to the appellant's retaliation complaint; that investigative failure rendered the Commission's dismissal unreasonable and justified setting aside the Federal Court decision and remitting the matter for reconsideration.
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