HUMAN RIGHTS |
Baltruweit v. Canada (Attorney General)
A-692-02, A-687-02
2004 FCA 233, Evans J.A.
15/6/04
2 pp.
As result of decision in Pritchard v. Ontario (Human Rights Commission), [2004] 1 S.C.R. 809, clear applications Judge erred in law when setting aside dismissal by Canadian Human Rights Commission of William Baltruweit's complaint, on ground Commission failed to include in application record gist of questions on which had sought legal opinion--At hearing of appeal, counsel for Mr. Baltruweit argued applications Judge's order remitting matter to Commission for redetermination should be upheld, on ground Commission's investigation of Mr. Baltruweit's complaint inadequate-- Investigator's failure to interview all witnesses suggested by Mr. Baltruweit not rendering investigation so defective as to vitiate on grounds of procedural unfairness Commission's dismissal of complaint, especially since Mr. Baltruweit advising Commission of gist of information witnesses in question would provide--Appeals of Attorney General of Canada and of Canadian Human Rights Commission allowed --Mr. Baltruweit's application for judicial review dismissed and decision of Commission dismissing Mr. Baltruweit's complaint restored.