Employer objects to the referral of the complaint filed by CAPE on behalf of TRs with the Canadian Human Rights Commission in Federal Court

December 09, 2008

Further to the article posted on November 19, we regret to inform you that the employer, represented by the Attorney General of Canada, has filed a Notice of Application for Judicial Review of the decision, made by the Canadian Human Rights Commission rendered October 28, to refer the complaint to the Chairperson of the Canadian Human Rights Tribunal so that the Tribunal may designate a member to hear the complaint set out in the Commission’s report.

That said, the complaint is still before the Canadian Human Rights Tribunal, which may yet choose to proceed with the investigation. The employer may ask the Federal Court to suspend all proceedings by the Canadian Human Rights Tribunal until the Federal Court rules on the Application for Judicial Review. To date, the employer has not filed such a request. Consequently, we expect that the proceedings will continue and will be halted only if the employer requests, and the Court grants, that the complaint be held in abeyance until the Federal Court renders its decision. We have reason to hope, based on the jurisprudence relating to other requests that complaints be held in abeyance, that the proceedings before the Canadian Human Rights Tribunal will not be held in abeyance, and CAPE’s preparations to appear before the Tribunal will continue.

We will keep you informed of all new important developments on this matter.