Between:
Richard Warman
Complainant
- and -
Canadian Human Rights Commission
Commission
- and –
Marc Lemire
Respondent
- and -
Attorney General of Canada
Canadian Association for Free Expression
Canadian Free Speech League
Canadian Jewish Congress
Friends of Simon Wiesenthal Center for Holocaust Studies
League for Human Rights of B’nai Brith
Interested parties
Ruling
Member: Athanasios D. Hadjis
Date: June 9, 2008
Citation: 2008 CHRT 22
[1] On May 16, 2008, the British Columbia Civil Liberties Association (BCCLA) applied for leave to intervene in the Constitutional Challenge of ss. 13 and 54 of the Canadian Human Rights Act before this Tribunal
. It is seeking permission to file a written argument, introduce evidence, receive and reply to all other parties’ arguments and evidence regarding the proper
interpretation of ss. 13 and 54, to cross-examine witnesses and to present oral argument. The BCCLA does not anticipate calling witnesses but requests permission to apply for the right in the future.
[2] The Commission, the Complainant and the Attorney General of Canada have objected to the BCCLA’s request.
[3] As was noted in the Tribunal’s recent ruling in the present case, which dealt with a similar request by the Canadian Constitutional Foundation (CCF) (Warman v. Lemire, 2008 CHRT 7), the Tribunal has wide discretion with respect to the granting of interested party status. Just like the CCF, however, the BCCLA has made its request extremely late in this hearing’s process, as we approach the dates for final oral submissions, after having heard over five weeks of evidence. The present circumstances thus differ significantly from those that were before the British Columbia Human Rights Tribunal, which recently granted the BCCLA intervenor status before the commencement of the hearing (Elmasry v. Roger’s Publishing Ltd., 2008 BCHRT 199).
[4] The BCCLA claims that it had intended to seek interested party status in the present case as early as 2006 but that it was unable to secure legal counsel to represent it. That may well be, but the fact remains that its request actually arrived in May 2008. The concerns and issues raised by the Tribunal in the earlier ruling denying the CCF’s request to intervene at this late stage apply equally to the BCCLA.
[5] As was noted in that ruling as well, nothing prevents the BCCLA from sharing any specific arguments that it feels are relevant to the constitutional issue with those parties in this case who are challenging the constitutionality of ss. 13 and 54.
[6] The British Columbia Civil Liberties Association’s request is therefore denied.
Signed by
Athanasios D. Hadjis
Tribunal Member
Ottawa, Ontario
June 9, 2008
Canadian Human Rights Tribunal
Parties of Record
Tribunal File: T1073/5405
Style of Cause: Richard Warman v. Marc Lemire
Ruling of the Tribunal Dated: June 9, 2008
Appearances:
Richard Warman, for himself
Margot Blight, for the Canadian Human Rights Commission
Barbara Kulaszka, for the Respondent
Simon Fothergill, for the Attorney General of Canada
Paul Fromm, for the Canadian Association for Free Expression
Douglas Christie For the Canadian Free Speech League
Joel Richler, for the Canadian Jewish Congress
Steven Skurka, for the Friends of Simon Wiesenthal Center for Holocaust Studies
Marvin Kurz, for the League for Human Rights of B’nai Brith