Philippe Dufresne

The Supreme Court of Canada heard appeals regarding a Canadian Human Rights Tribunal finding of pay inequity between a largely female group of employees and a largely male comparator group.

The Federal Court of Appeal had previously overturned the Tribunal's finding.

In an oral judgment, the Supreme Court allowed the appeals on the merits, finding no reviewable error by the Tribunal, and dismissed the appeal regarding the reduction of damages, adopting the dissenting reasons of Evans J.A. from the court below.

The appellant filed a human rights complaint alleging sexual harassment by the Canadian Forces.

The Canadian Human Rights Tribunal substantiated the complaint in part and awarded compensation, including $47,000 for legal costs under the statutory provision allowing compensation for 'any expenses incurred'.

The Federal Court of Appeal set aside the costs award.

On further appeal, the Supreme Court of Canada held that while the Tribunal's decision should be reviewed on a standard of reasonableness, its interpretation of the statute to include legal costs was unreasonable.

The appeal was dismissed, confirming the Tribunal does not have the authority to award legal costs.

The former chauffeur to the Speaker of the House of Commons filed discrimination and harassment complaints with the Canadian Human Rights Commission after his position was declared surplus.

The Speaker and the House of Commons challenged the Commission's jurisdiction, claiming parliamentary privilege over the management of employees.

The Supreme Court of Canada held that the appellants failed to establish a broad parliamentary privilege immunizing all employee relations from external review.

However, the Court ruled that the employee was required to pursue his complaints through the grievance procedure established under the Parliamentary Employment and Staff Relations Act, which ousted the jurisdiction of the Canadian Human Rights Commission for this dispute.

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.