CONSTITUTIONAL LAW |
Distribution of Powers |
Northwest Territories v. Public Service Alliance of Canada
T-2411-98
Dubé J.
15/12/99
13 pp.
Status of Northwest Territories with respect to Canadian Human Rights Act (CHRA)--Application for order denying standing or authority of Government of Northwest Territories (GNWT) to bring application for judicial review of CHRC decision holding it had institutional independence and impartiality required to provide fair hearing--Matter arising out of pay equity complaint against GNWT filed by PSAC in 1989--In Bell Canada v. Canadian Telephone Employees Assn., [1998] 3 F.C. 244 (T.D.), Federal Court Judge found reasonable apprehension of bias due to Panel's lack of institutional independence under Act then in force-- Although CHRA since amended, GNWT felt Tribunal still lacked institutional independence and impartiality--Issue whether GNWT, by reason of constitutional status and CHRA, s. 66, has authority or standing to argue provisions of CHRA or statutory instrument issued thereunder create scheme contrary to requirements of natural justice--CHRC arguing GNWT's attempt at judicial review to challenge validity of CHRA under Bill of Rights tantamount to Crown contesting validity of statute enacted by it and specifically made binding upon itself so as to avoid liability under it--Case of Northwest Territories v. Public Service Alliance of Canada, [1996] 3 F.C. 182 (T.D.); affd (1997), 208 N.R. 385 (F.C.A.) established GNWT bound by CHRA-- Although powers and authority of GNWT have increased over years, source of increased powers and authority remains Federal Crown--CHRA, s. 66 clearly providing Act binding on Her Majesty in right of Canada, except for Yukon Territory, NWT and Nunavut, exceptions to come into operation on day to be fixed by proclamation--No such proclamation with reference to NWT--In any event, issue of institutional independence and impartiality of CHRC presently before Court under judicial review launched by another party--Matter will eventually be resolved--Motion allowed and application for judicial review dismissed as GNWT has neither authority nor standing to launch such review--Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 66 (as am. by S.C. 1993, c. 28, s. 78, Sch. III, Item 70)--Canadian Bill of Rights, S.C. 1960, c. 44 [R.S.C., 1985, App. III].