Date: 19990601
Docket: A-199-98
CORAM: MARCEAU J.A.
DESJARDINS J.A.
SEXTON J.A.
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
(Respondent)
- and -
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, CANADIAN TELEPHONE EMPLOYEES
ASSOCIATION and FEMMES ACTION
Appellants
(Respondents)
- and -
BELL CANADA
Respondent
(Applicant)
- and -
ATTORNEY GENERAL OF CANADA
Intervenor
REASONS FOR ORDER OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
on Tuesday, June 1st, 1999)
MARCEAU J.A.
[1] At the outset of the hearing, counsel for the appellant Commission advised the Court of a preliminary issue that could, in his view, go as far as leading to the conclusion that the appeal was moot. On June 30, 1998, subsequent to the order under appeal " whereby the proceedings before the Human Rights Tribunal were quashed and the tribunal was enjoined not to proceed until its independence be fully protected with regard to its security of tenure and financial security " the Canadian Human Rights Act1 was amended2 and new provisions were adopted that brought the "corrections" contemplated by the motions judge in her reasons. A new tribunal was appointed pursuant to the new provisions and this new tribunal has already seized itself of the complaints and has opened its inquiry. It may appear as a result, counsel suggested, that the order under appeal has become without any immediate practical effect.
[2] Counsel for the respondent invited to address the Court in reply was of a completely different view. His opinion was that the 1998 amendments were not sufficient to give the new tribunal the independence required, and indeed he had already commenced proceedings in the Trial Division similar to the ones that had given rise to the order now under appeal.
[3] This initial surprising information was quite disturbing. It was difficult to understand why the Court had not been made aware of what had transpired following the order and in relation to it. Nevertheless, it was clear that the situation had changed and the new developments could not be overlooked.
[4] We have now reached the conclusion that the Court should not hear the appeal at this time.
[5] An immediate consideration of the appeal as it now stands would have to be confined to a consideration of the Act as it was prior to June 1998 and its outcome could very well leave the broader controversy unresolved. Besides, a judgment of this Court at this time with the other proceedings pending in the Trial Division could hardly contribute to accelerate the resolution of the complaints before the tribunal, whether the old or the new one, and in fact may possibly only add to the confusion.
[6] We fail to fully understand the attitude of the Commission as it seems to us that, in view of the position of counsel for the respondent, the appointment of a new tribunal, apart from the fact that it could be seen as an indirect acquiescence to the Trial Division order, was not susceptible of speeding up the proceedings. Be that as it may, however, it seems to us that justice may be better served if the appeal now before us was not considered and disposed of immediately. It will therefore be adjourned sine die and will only be revived at the request of some or all of the parties to be heard alone or joined with some other appeal, if the Court is of the view such a course of action is warranted.
[7] There shall be no costs.
"Louis Marceau"
J.A.
Date: 19990601
Docket: A-199-98
CORAM: MARCEAU J.A.
DESJARDINS J.A.
SEXTON J.A.
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
(Respondent)
- and -
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, CANADIAN TELEPHONE EMPLOYEES
ASSOCIATION and FEMMES ACTION
Appellants
(Respondents)
- and -
BELL CANADA
Respondent
(Applicant)
- and -
ATTORNEY GENERAL OF CANADA
Intervenor
Heard at Ottawa, Ontario, on Tuesday, June 1st, 1999.
Order rendered from the Bench on Tuesday, June 1st, 1999.
REASONS FOR ORDER OF THE COURT BY: MARCEAU J.A.
IN THE FEDERAL COURT OF APPEAL
Date: 19990601
Docket: A-199-98
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
(Respondent)
- and -
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA, CANADIAN TELEPHONE
EMPLOYEES ASSOCIATION and FEMMES ACTION
Appellants
(Respondents)
- and -
BELL CANADA
Respondent
(Applicant)
- and -
ATTORNEY GENERAL OF CANADA
Intervenor
REASONS FOR ORDER
OF THE COURT
__________________
1 R.S.C. 1985, c. H-6, as amended.
2 S.C. 1998, c. 9.