Northwest Territories v. Public Service Alliance of Canada
A-490-96
Marceau J.A.
5/2/97
4 pp.
Appeal from trial judgment ([1996] 3 F.C. 182) setting aside CHRC's decision to send complaint to conciliation on ground investigator, voluntary member of PSAC, biased-Appeal allowed-Trial Judge correctly holding complaint within CHRC's jurisdiction to investigate, determine-Acts, omissions of GNWT within scope of CHRA-Existence of reasonable apprehension of bias must be determined on objective, rational, informed basis-Mere suspicion of bias insufficient-Must be some factual basis to sustain allegation-With respect to bias of tribunals, boards, continuum of degree of apprehension required, depending on nature of functions of tribunal, board-Continuum flowing from lenient "closed mind" standard with respect to administrative boards dealing with matters of policy or acting at investigatory stage, to strict "reasonable apprehension" test with respect to boards with adjudicative functions-Given purely administrative nature of any of actions Commission may take on receiving investigative report, such actions, even if called decisions, if other than one rejecting complaint, strictly preliminary, and not bearing on validity of complaint or affecting rights of parties-Appropriate standard herein more lenient "closed mind" test at opposite end of spectrum from strict "reasonable apprehension" test-Reimer v. Saskatchewan (Human Rights Commission) (1992), 105 Sask. R. 100 (C.A.) applied-Had trial judge applied right test before reaching conclusion, would have rejected allegation of bias-No evidence investigator predetermined issue or had closed mind-That voluntary member of Alliance, which advocates pay equity, not reason to suggest, by itself, to reasonable person, investigator would lack any objectivity in assessing whether pay equity in place within GNWT, or would go out of her way to form conclusion not.