Canada ( Attorney General ) v. Canada ( Human Rights Commission )
T-1187-92
Teitelbaum J.
8/2/93
23 pp.
Application to quash decision of Canadian Human Rights Commission to deal with complaint although time-barred, and for certiorari and prohibition to prevent further inquiry -- Respondent, Commanding Officer in Canadian Forces (CF), complaining of discrimination as told too old for job sought -- Complaint Form signed by respondent on March 11, 1991, 14 months after denial of transfer and 18 months after alleged initial discriminatory comments -- Commission deciding under Canadian Human Rights Act, s. 41(e) to extend time limit within which complaint may be filed -- Commission having limited standing before Court to make submissions explaining record, not entitled to be heard on merits of own decision -- Tribunals exercising administrative or executive functions required to accord procedural fairness -- Decision of Commission herein administrative in nature, requiring Commission to comply with rules of procedural fairness in carrying out investigation and in considering complaint under Act, s. 44 -- Case law on procedural fairness reviewed -- CF afforded full rights of procedural fairness -- Commission not required under rules of procedural fairness to provide CF with entire content of documents before it -- CF provided with copy of necessary documentation, accorded opportunity to make submissions to Commission -- Commission must exercise discretion to extend time to file complaint beyond one-year statutory limit based on probative grounds -- Commission's decision to extend time to file complaint outside one-year time bar based on relevant consideration of evidence before it -- Commission exercised discretion vested in it on proper principles and considered all relevant circumstances and correct facts -- Filing of complaint 60 days outside time limitation not unreasonable delay -- Institutional delay, where reasonable, acceptable grounds for delay in filing complaint -- No evidence delay subsequent to filing of complaint prejudiced CF -- Application dismissed -- Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 41(e).