Yukon court condemns arbitrary HRT decision; sends it back

The rest of Canada could learn from the decision by this Yukon judge, who actually seems to think that principles of justice present in the real court system should also govern human rights complaints.

Excerpt from “Case returned to human rights commission” (The Whitehorse Star – November 18, 2009)

A human rights complaint has been sent back to the starting blocks because of a “deficient” ruling, a Yukon Supreme Court judge has decided. Justice Rosemary Nation found last Friday that a 2006 ruling made by the Yukon Human Rights Board of Adjudication erred on several counts and had to be thrown out.

The board had found that the Yukon government discriminated against Donna McBee on the basis of marital status and her common-law husband’s criminal record when McBee was fired for insubordination, breach of trust and conflict of interest. …

The government appealed the decision on several counts. Government lawyer Peter Csiszar argued the board gave no rational explanation of how it got to its decision, there was no discussion of which evidence was accepted, which was rejected and why; and there was no connection between the issues in the case and the remedy ordered by the board. “There’s no assessment of the evidence at all,” Csiszar said of the board’s decision. In that decision, the board refers to “the sum of the evidence” and “the evolving situational facts” without actually describing the facts or evidence, Csiszar said. Although it heard contradictory evidence from witnesses during the hearing, the board never laid out whom it believed and why, he argued. The board also failed to take into account the fact that McBee stopped participating in the hearing while she was still under cross-examination. This should have taken away from her credibility, as it would in a court of law, Csiszar said.

Finally, both Csiszar and McBee’s lawyer argued the board overstepped its jurisdiction when it ordered the government to investigate its policy on employees in abusive relationships. …

Overall, Justice Nation agreed with the government’s position. “There is no indication of how the board came to that conclusion,” Nation said. Furthermore, it does not even acknowledge the conflicting evidence, let alone weigh the different sides of the story. “They do not even allude to credibility,” she said. “A simple statement of credibility” would have solved the problem, but without that, the ruling is no good, she said. …

Public date: November 24th, 2009
Categories: News
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comments (1) | Leave a Reply
  1. Wow, I hear from many people every single day that they lost employment because of a past criminal record, but I have never heard of someone losing a job (in part) because their spouse had a criminal record.

    Its an unfortunate reality that past criminal records are a huge problem. Thats why the pardon process exists.

    Jared Church
    http://www.expresspardons.com


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