Federal Court


Aboriginal Peoples

Bands
First Nation was not denied procedural fairness by Tribunal’s determination

Complainant filed complaint under s. 7 and s. 10 of Canadian Human Rights Act. Canadian Human Rights Tribunal decision upheld complainant’s claim that First Nation denied her employment in its fishery over several years because she was woman and, excluded her from captaining fishing vessel based on her marital status because First Nation had dispute with her husband following his captaincy of vessel in 2007. First Nation’s practice was to deprive women of employment opportunities in fishery. First Nation sought order setting aside Tribunal’s decision and order setting aside portion of Tribunal’s decision in which it found that two of complainant’s complaints of retaliation were substantiated. First Nation brought applications for judicial review of Tribunal’s decision in discrimination decision and retaliation decision. Applications dismissed. Tribunal’s decisions were justifiable, transparent, and intelligible. First Nation was not denied procedural fairness by Tribunal’s determination to render decisions. Tribunal simply released one set of reasons on discrimination complaint and second set on retaliation complaint. Although this manner of proceeding was not best practice, because it could possibly prevent parties from negotiating remedy for complain because they might need entire outcome of matter determined before they could do so, but this was not case here because Tribunal explicitly retained jurisdiction over two complaints. Tribunal was at liberty to follow its own procedure to yield just and expeditious outcome with respect to each complaint following hearing, and it did so fairly. First Band’s alleged errors was nothing more than request for Court to reweigh and reassess evidence and outcomes before Tribunal.

Millbrook First Nation v. Tabor (Aug. 3, 2016, F.C., Keith M. Boswell J., T-887-15, T-1379-15) 270 A.C.W.S. (3d) 451.

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