[2012] 2 F.C.R. D-7
Human Rights
Judicial review of Human Rights Commission decision to deal with respondents’ complaint, having jurisdiction to deal with complaint—Respondents four of five largest First Nations in Ontario, filing complaint before Commission pursuant to Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 5 alleging that INAC’s funding policies having adverse effect on largest First Nations compared to smaller First Nations—Alleged discrimination by INAC based on national or ethnic origin—Discrimination complaint process set out in Act, s. 40 et seq.—Once complaint filed, Commission must decide whether to deal with complaint, investigate allegations—Not Commission’s role at pre-investigative stage, not Court’s role, to weigh evidence, arguments each party putting forward—Issue whether respondents’ allegations disclosing link to prohibited ground of discrimination sufficient to trigger Commission’s jurisdiction to investigate allegations—Not unreasonable for Commission to determine herein, at pre-investigation stage, that not plain, obvious complaint falling beyond jurisdiction—Respondents’ complaint disclosing link between disadvantageous effects of INAC’s funding formulas, fact members of specific First Nations identifiable by national or ethnic origin—Act, s. 41 clearly suggesting Commission vested with discretion when deciding to deal with complaint—Reasonable in present case for Commission to conclude not plain, obvious that respondents’ complaint falling beyond jurisdiction—Application dismissed.
Canada (Attorney General) v. Mohawks of the Bay of Quinte (T-8-11, 2012 FC 105, Bédard J., judgment dated January 27, 2012, 22 pp.)