John Murray

The appellant challenged the institutional independence and impartiality of the Canadian Human Rights Tribunal, arguing that the Canadian Human Rights Commission's power to issue binding guidelines and the Tribunal Chairperson's power to extend members' terms compromised procedural fairness.

The Supreme Court of Canada dismissed the appeal, holding that the Tribunal's main function is adjudicative but it also serves to implement government policy, warranting a lower standard of independence than a court.

The Court found that the guideline power is a form of law that does not fetter the Tribunal improperly, and the power to extend appointments does not threaten security of tenure or impartiality.

The appellant, a police officer, appealed the termination of his employment by the Board of Commissioners of Police.

The termination was based on a physical disability—an inherited blood clotting disorder requiring anti-coagulant medication—which placed him at a high risk of fatal hemorrhage if he sustained trauma.

The Commission dismissed the appellant's preliminary motion to introduce new evidence, finding it was available prior to the initial hearing.

On the merits, the Commission upheld the termination, concluding that the medical evidence supported the finding that the appellant was incapable of performing his duties safely, and that the Board could not condone the assumption of such a high risk of harm.