Canadian Broadcasting Corp. v. Canada ( Human Rights Commission )
T-1578-91
Noël J.
15/12/93
20 pp.
Application for certiorari and prohibition in respect of investigation by Canadian Human Rights Commission into complaint filed by respondent and subsequently amended -- Respondent weekend anchor on "Night Final" news program with CBC -- Application for position of weekday anchor on same program unsuccessful-Position given to younger woman -- Complaint filed on July 13, 1989 against CBC alleging discrimination on grounds of sex and age, contrary to Canadian Human Rights Act, s. 7 -- Amended on October 22, 1990 to include allegations of discrimination in employment on grounds of sex against CBC and Graham Ritchie, executive producer, TV News -- CBC arguing allegation of sexual harassment could not properly form part of amendment as totally new grounds raised-Also arguing investigation statute barred as events giving rise to allegation occurred more than one year before purported amendment -- Attack restricted to part of CHRC's decision authorizing investigation of new allegation of sexual harassment raised against CBC and Ritchie -- Report prior to investigation setting forth recommendation of investigative staff on issue of timeliness of new allegation -- Commission deciding under Act, s. 41(e) to deal with complaints even though acts complained of occurred more than one year before receipt of complaints -- Allegation of sexual harassment raising new and different grounds from those previously advanced -- Factual foundation for allegation resting on events occurring seventeen months prior to allegation being made-Respondent not told new allegation out of time and would require formal decision by Commission before being proceeded with-Commission, in exercising discretion under s. 41(e), owing duty of fairness to those potentially affected by decision -- Matter to be dealt with objectively and without bias -- Regional Director and investigator of CHRC predetermining question as to whether complaint should be dealt with even though filed out of time -- Both having set minds as to recommendation to be embodied in report -- Commission adopting recommendation embodied in report without giving reasons -- By adopting flawed report, Commission rendering decision without benefit of relevant facts -- Report herein basis upon which Commission exercised statutory jurisdiction to deal with belated complaint -- If report adopted in making decision flawed, decision itself equally flawed -- Decision quashed -- Commission to decide again question whether time-barred claim should be investigated -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 41.