Canada ( Human Rights Commission ) v. Canada
T-1591-94
Tremblay-Lamer J.
11/4/95
6 pp.
Application for judicial review to quash Human Rights Review Tribunal (Tribunal) decision dismissing appeal on ground service of notice of appeal outside statutory appeal period provided by Canada Human Rights Act (CHRA), s. 55 -- Interested person serving notice of appeal on Department of Justice, counsel for Canadian Armed Forces, on Monday following Saturday deadline-Department of Justice open on Saturday although offices of Human Rights Commission and Canadian Armed Forces closed -- Applicant submitting Interpretation Act, setting out manner in which statutory time limits to be counted, not applicable as CHRA paramount -- Doctrine of paramountcy only applicable where conflict existing -- No conflict or ambiguity herein: CHRA setting out thirty-day appeal period but not explaining how to count days; Interpretation Act merely providing standard counting rules -- Saturday not enumerated day pursuant to Interpretation Act and should be included in time calculation unless constituting non-juridical day by virtue of provincial legislature statute-Although Saturday holiday pursuant to regulations under Courts of Justice Act i.e. Rules of Civil procedure, latter constituting regulation promulgated by Governors in Council and as such, not relevant to calculation pursuant to Interpretation Act -- However, where impossible to meet legal requirement on last day of period due to office closure, Courts construing statutory limit as ending on next day offices open -- Persons to be served with notice: Commission, person against whom complaint made, and complainant -- Human Rights Tribunal Appeal Regulations, s. 4 providing service of notice of appeal may be made either personally or by registered mail -- Both options must be available during entire prescription period (Young v. Mississauga (City of) (1994), 16 O.R. (3d) 409 (Ont. Gen. Div.) -- Closed offices of Commission rendering personal service of Commission on Saturday impossible -- Availability of registered mail not sufficient as second option prescribed by regulations not available -- Application allowed -- Canada Human Rights Act, R.S.C., 1985, c. H-6, s. 55 -- Interpretation Act, R.S.C., 1985, c. I-21 -- Human Rights Tribunal Appeal Regulations, SOR/80-394, s. 4.