John J. Wilson

The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his complaint of racial discrimination against a retail store employee, as well as the Tribunal's subsequent reconsideration decision.

The applicant argued the hearing was procedurally unfair because the Tribunal limited his cross-examination on will-say statements and restricted evidence regarding the adequacy of the store's internal investigation.

The Divisional Court dismissed the application, finding the Tribunal's evidentiary rulings and narrowing of the issues were procedurally fair.

The Court also held that the Tribunal's merits decision was reasonable, as it was transparent, intelligible, and justified by the evidentiary record.

The appellant, a Senator, sued the Senate and the Attorney General of Canada for damages arising from his suspension from the Senate for allegedly claiming inappropriate expenses.

The Senate successfully moved to dismiss the action against it for lack of jurisdiction based on parliamentary privilege.

On appeal, the Court of Appeal upheld the dismissal, finding that the Senate's actions fell within established categories of parliamentary privilege, including the power to discipline its members, administer its internal affairs, and control parliamentary proceedings and freedom of speech.

The Court held that parliamentary privilege immunized the Senate's actions from judicial review, even where unlawful conduct or Charter breaches were alleged.

Senator Michael Duffy sued the Senate of Canada for over $7 million in damages, alleging his suspension and denial of expenses were politically motivated, unconstitutional, and violated his Charter rights, despite his acquittal on criminal charges.

The Senate moved to dismiss the action, asserting parliamentary privilege.

The court granted the Senate's motion, finding that the Senate's decisions regarding member discipline, internal affairs, proceedings, and freedom of speech were protected by parliamentary privilege and thus immune from judicial review.