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Application dismissed; Human Rights Tribunal lacks jurisdiction to hear free-standing challenges to Commission policies.
The applicants sought to challenge the Ontario Human Rights Commission Policy and Guidelines on Racism and Racial Discrimination before the Human Rights Tribunal of Ontario.
The Tribunal found it lacked jurisdiction to hear a free-standing challenge to the policy.
The Divisional Court dismissed the application for judicial review, confirming that the Tribunal, as a creature of statute, only has the jurisdiction granted by the legislature and that such a challenge must be pursued by way of a court application.
Board retained jurisdiction despite the Commission's withdrawal from active participation.
The appeal concerned whether a Board of Inquiry lost jurisdiction over an employment discrimination complaint after the Commission ceased participating following referral.
The court held that the complainant retained independent party status under the Human Rights Code, that the Commission's role changed upon referral, and that the Board of Inquiry was an autonomous tribunal required to conduct the hearing.
The phrase granting the Commission carriage of the complaint was interpreted as procedural rather than substantive.
The Divisional Court's contrary ruling was set aside and the matter was remitted for further hearing.
