Northwest Territories v. Public Service Alliance of Canada
T-1305-97
Richard A.C.J.
13/1/99
10 pp.
Judicial review of Canadian Human Rights Commission's decision pursuant to Canadian Human Rights Act, s. 49 to request President of Panel to appoint Tribunal to inquire into ss. 7, 11 aspects of complaint-Public Service Alliance of Canada (PSAC) filing complaint with Commission alleging Minister of Personnel for applicant discriminating in classification, pay of employees in female-dominated groups, subgroups in relation to male-dominated groups, subgroups contrary to ss. 7, 10, 11-Commission's staff providing applicant with Conciliation Report recommending Commission refer allegations made pursuant to ss. 7, 11 to tribunal for adjudication, continue investigation under s. 10-Application dismissed-(1) Open to Commission under Act to refer two allegations of discriminatory practices to tribunal while continuing investigation into third-If applicant's position adopted, form would triumph over substance-Administrative convenience of including allegations regarding three separate discriminatory practices on one complaint form cannot dictate manner in which Commission chooses to deal with separate allegations subsequently-Open to Commission to deal with each alleged discriminatory practice in different fashion-Under Act Commission, like other administrative tribunals, master of own procedure-(2) Commission not breaching duty to act fairly by referring portion of complaint to Tribunal hearing while continuing to investigate other portions of complaint-Three distinct aspects to complaint requiring different considerations-Not case of same complaint being both investigated, referred to tribunal at same time-Role, authority of Commission vis-à-vis s. 10 aspect of complaint significantly different than role of Commission vis-à-vis ss. 7, 11 aspects of complaint pending before Tribunal-Merely dealing with different aspects of complaint in this fashion not on its own giving rise to violation of duty to act fairly any more than if respondent presented three separate complaints and only two referred to tribunal for adjudication-Applicant raising concerns Commission might exercise "substantial coercive powers" against applicant not available to Commission before tribunal, but as no evidence Commission engaged or will engage in such coercive powers, this aspect of complaint premature-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 7, 10, 11.