HUMAN RIGHTS |
Zündel v. Canada (Attorney General)
A-388-99
Noël J.A.
13/12/00
6 pp.
Appeal from Trial Division decision ([1999] 4 F.C. 289) dismissing appellant's application for judicial review of decision of Canadian Human Rights Commission to request appointment of Human Rights Tribunal to inquire into complaints against appellant under Canadian Human Rights Act, s. 13(1)--Motions Judge applied proper test as set out in Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 S.C.R. 623--Open to him to hold Ms. Falardeau-Ramsay's speeches did not evidence closed mind--Segments of speeches not showing Ms. Falardeau-Ramsay could not be brought to different view on matters--Legal assumptions made by Commission in deciding to request formation of Tribunal not amounting to decisions as to state of law, impact on those concerned--When deciding whether complaint should proceed to be inquired into by tribunal, Commission performs screening function analogous to that of judge at preliminary inquiry--Sole task of Commission to determine whether, having regard to all circumstances of complaint, inquiry into complaint warranted--Motions Judge applying proper standard of review--With respect to constitutional question, determination sought by appellant premature--While complaints in issue referred to Human Rights Tribunal on assumption s. 13(1) extends to internet communications said to be controlled by appellant, Tribunal has yet to pronounce itself on matter--S. 13(1) not violating appellant's s. 2(b) rights unless held to apply to communications in issue--Second aspect of appellant's constitutional attack arguably not premature--Commission, when referring complaint to Tribunal, makes no decision on merits--As decision disposes of no rights, appellant's right to freedom of expression not infringed--Appeal dismissed--Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 13--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 2(b).