Quote:
Originally Posted by troutman
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). |
It's all fine and dandy to pull off a statement from the HRC questions and answer page. Of course they are going to say that they represent neither parties and there sole duties is to be an impartial body. The reality is, especially in Alberta, all the members are expremely biased to the complaintant side. That CANNOT be disputed.
And yes, eventually these decisions can be brought before a real court but again that is at the cost of the defendant and they can only hope that they will get fully re-imbursed.
Any kind of court system should never be set up where any person can make claims with no real consequences of the legitimacy of the complaint, where HRC are.