Zündel v. Canada ( Attorney General )
T-2765-96
Richard J.
5/5/98
12 pp.
In context of application for judicial review of CHRC decision to appoint HRT to inquire into complaints against applicant, First Motion pursuant to Federal Court Act, s. 50 for order staying any further hearings before Human Rights Tribunal (HRT) concerning two complaints laid against applicant pursuant to Human Rights Act, s. 13-Motion based on Federal Court decision in Bell Canada v. Canadian Telephone Employees Assn., [1998] F.C.J. No. 313 (T.D.) (QL) (presently under appeal) holding HRT not independent quasi-judicial body institutionally capable of providing fair hearing in accordance with rules of natural justice, and proceedings before HRT tainted with reasonable apprehension of bias-Second Motion pursuant to Federal Court Act, s. 18.2 for interim order staying hearing before HRT pending determination of judicial review application; alternatively, order to pay all costs of applicant arising out of continuance-Second Motion based on alleged state misconduct-Second Motion for order staying proceedings before HRT dismissed as already denied by Federal Court Judge on February 20, 1997-Second part of Second Motion also dismissed as no evidence of state misconduct-As to First Motion, given Bell Canada decision, serious issue to be tried-However, in public interest not to grant stay of HRT inquiries which have commenced and where hearings presently under way-Time for hearing already set aside, witnesses and counsel have been involved in preparation, participants did not challenge institutional independence of Tribunal prior to hearings and further delay would be greater in case of inquiries where hearings have not yet commenced-First Motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.2 (as enacted by S.C. 1990, c. 8, s. 5), 50.