Canadian Human Rights Tribunal

CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE

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 OF HUMAN RIGHTS OF B'NAI BRITH

Interested Parties

RULING

2006 CHRT 13
2006/03/14

MEMBER: Athanasios D. Hadjis

[1] The Canadian Human Rights Commission has brought a motion requesting that the complaint dated September 7, 2003, be amended to add sexual orientation as one of the prohibited grounds on the basis of which the Respondent is alleged to have discriminated against persons or groups of persons. The Complainant has not made any submissions in regard to the motion, but I can safely assume that he endorses the Commission's motion.

[2] Respondent Counsel has informed the Tribunal that her client takes no position on the motion.

[3] I have reviewed the Commission's motion and its supporting documentation. It is evident that the proposed amendment does not rely on new facts. It stems from the same set of facts already contained in the complaint form.

[4] Furthermore, it is not plain and obvious that the amendments to the allegations could not possibly succeed.

[5] The Commission's motion is therefore granted. The complaint will be amended to include sexual orientation to the list of grounds on the basis of which the Respondent is alleged to have discriminated against persons or groups of persons.

[6] The Respondent had requested leave to file further submissions on his constitutional motion, in the event that the Commission's motion was granted. I have already directed that the constitutional question will be addressed along with all the other final submissions, at the end of the hearing. However, I take it that the Respondent is seeking, in light of the amendment, to complete his Statement of Particulars, Disclosure, and Production, pursuant to Rule 6 of the Tribunal's Rules of Procedure, by also addressing the additional ground of sexual orientation.

[7] Accordingly, I direct that the Respondent may do so by the date when he was already scheduled to file his expert reports, April 24, 2006.

signed by

Athanasios D. Hadjis

OTTAWA, Ontario

March 14, 2006

PARTIES OF RECORD