Bell Canada v. Canadian Telephone Employees Assn.
T-1257-97
McGillis J.
19/12/97
6 pp.
Practice-Application by President of Canadian Human Rights Tribunal for leave to intervene in judicial review proceedings-Tribunal, appointed to inquire into complaint of wage discrimination, hearing evidence, arguments on preliminary motion in which Bell Canada seeking ruling Tribunal not independent quasi-judicial body capable of providing fair hearing in accordance with principles of natural justice, fundamental freedom-Alternatively Bell Canada requesting Tribunal refer question of its independence to Court for determination-Tribunal hearing extensive testimony from Registrar, receiving considerable body of documentary evidence concerning institutional structure, practices-Tribunal concluding within its jurisdiction to consider question of independence-Refusing to refer question to Court for determination-Also concluding on merits it was independent, quasi-judicial body institutionally capable of providing fair hearing in accordance with principles of natural justice, fundamental freedom-Bell Canada filing originating motion to quash decision-Application dismissed-Principles applicable in determining whether administrative tribunal may participate in appeal or judicial review proceedings enunciated in Northwestern Utilities Ltd. et al. v. City of Edmonton, [1979] 1 S.C.R. 684, at pp. 709-711-Impossible for President of Tribunal to make submissions on jurisdictional issue without becoming enmeshed in merits of case-Merits squarely involving question of Tribunal's independence, very issue President seeking to characterize as jurisdictional in order to support proposed intervention in proceedings-Tribunal's appearance of impartiality, essential to permit it to discharge statutory mandate, adversely affected by virtue of President's participation in these proceedings as intervenor-President of Tribunal should not be accorded intervenor status-Furthermore, President's intervention would serve no useful purpose-Extensive evidence adduced by Registrar of Tribunal concerning institutional structure, practices-Canadian Human Rights Commission filing detailed arguments in support of Tribunal's decision concerning independence-President of Tribunal able to add little, if anything, of relevance to assist Court in making decision in matter.