Quote:
Originally Posted by Cube Inmate
The decision is made the instant a complaint is filed. Show me one example of an accused person being vindicated by these commissions, or more fully, of an innocent defendant being compensated for the hardship of being accused. It does not happen...decisions are invariably in favour of the complainant. The only exception is that the complainant realizes his complaint is without merit and drops the case...in which case, the defendant has still lost (time, money, reputation).
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That's quite a sweeping generalization.
Maybe we can see if you are right here:
http://www.chrc-ccdp.ca/default-en.asp
Will the Commission represent the complainant at the Tribunal?
The Commission represents neither the complainant nor the respondent. Its role is to represent the public interest in an impartial and objective manner at all stages in the complaint process— mediation, investigation or Tribunal. In some complaints, Commission counsel will appear at the Tribunal to represent the public interest. However, this does not happen in all cases, and the role of the Commission's lawyer at the Tribunal may vary from one complaint to another.
http://www.chrt-tcdp.gc.ca/index_e.asp
.If one of the parties involved in the case wants a review of the Tribunal's decision, under appropriate circumstances the party may be able to file an application for review with the Federal Court of Canada.
IIRC, ultimately, the courts oversee the CHRT, where costs can be awarded against vexatious complainants?
Decisions can be reviewed here:
http://www.chrt-tcdp.gc.ca/tribunal/...sp?filter=year
Chairperson Sinclair has recently made a careful review of Federal Court jurisprudence dealing with this issue (Mowat v. Canada Post Corporation, 2006 CHRT 49). He concludes that the predominance of authority from that court is that the Tribunal has the power to award compensation for legal expenses under section 53(2).