Digests

Decision Information

Decision Content

Bell Canada v. Canadian Telephone Employees Assn.

T-1257-97

McGillis J.

19/12/97

6 pp.

Practice-Application by President of Canadian Human Rights Tribunal for leave to intervene in judicial review proceedings-Tribunal, appointed to inquire into complaint of wage discrimination, hearing evidence, arguments on preliminary motion in which Bell Canada seeking ruling Tribunal not independent quasi-judicial body capable of providing fair hearing in accordance with principles of natural justice, fundamental freedom-Alternatively Bell Canada requesting Tribunal refer question of its independence to Court for determination-Tribunal hearing extensive testimony from Registrar, receiving considerable body of documentary evidence concerning institutional structure, practices-Tribunal concluding within its jurisdiction to consider question of independence-Refusing to refer question to Court for determination-Also concluding on merits it was independent, quasi-judicial body institutionally capable of providing fair hearing in accordance with principles of natural justice, fundamental freedom-Bell Canada filing originating motion to quash decision-Application dismissed-Principles applicable in determining whether administrative tribunal may participate in appeal or judicial review proceedings enunciated in Northwestern Utilities Ltd. et al. v. City of Edmonton, [1979] 1 S.C.R. 684, at pp. 709-711-Impossible for President of Tribunal to make submissions on jurisdictional issue without becoming enmeshed in merits of case-Merits squarely involving question of Tribunal's independence, very issue President seeking to characterize as jurisdictional in order to support proposed intervention in proceedings-Tribunal's appearance of impartiality, essential to permit it to discharge statutory mandate, adversely affected by virtue of President's participation in these proceedings as intervenor-President of Tribunal should not be accorded intervenor status-Furthermore, President's intervention would serve no useful purpose-Extensive evidence adduced by Registrar of Tribunal concerning institutional structure, practices-Canadian Human Rights Commission filing detailed arguments in support of Tribunal's decision concerning independence-President of Tribunal able to add little, if anything, of relevance to assist Court in making decision in matter.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.