Memo sent to members on October 31, 2011
To: Administrative Law North Section Members
A Supreme Court of Canada Decision was released last week relating to Tribunal Costs that may be of interest to Administrative Lawyers. The Decision summary is reproduced for your convenience and the link to the full text is below:
| Canada (Canadian Human Rights Commission) v. Canada Attorney General), 2011 SCC 53 (111028) |
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Administrative law — Judicial Review — Standard of review — Canadian Human Rights Tribunal awarding legal costs to complainant — Whether standard of reasonableness applicable to Tribunal’s decision to award costs — Whether Tribunal made a reviewable error in awarding costs to complainant — Canadian Human Rights Act, R.S.C. 1985, c. H-6, ss. 53(2)(c), 53(2)(d).
Administrative law — Boards and Tribunals — Jurisdiction — Costs — Canadian Human Rights Tribunal awarding legal costs to complainant — Whether Tribunal having jurisdiction to award costs — Canadian Human Rights Act, R.S.C. 1985, c. H-6, ss. 53(2)(c), 53(2)(d).
M filed a human rights complaint with the Canadian Human Rights Commission alleging that the Canadian Forces had discriminated against her on the ground of sex contrary to the provisions of the Canadian Human Rights Act (“CHRA”). The Canadian Human Rights Tribunal (“Tribunal”) concluded that M’s complaint of sexual harassment was substantiated in part and she was awarded $4,000 to compensate for “suffering in respect of feelings or self respect.” M applied for legal costs. The Tribunal determined that it had the authority to order costs pursuant to s. 53(2)(c) and 53(2)(d) of the CHRA and awarded M $47,000 in this regard. The Federal Court upheld the Tribunal’s decision on its authority to award costs. The Federal Court of Appeal allowed an appeal of this decision and held that the Tribunal had no authority to make a costs award. The SCC held : the appeal should be dismissed. ( unanimously)
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