Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 825 (1996)

Ross v. New Brunswick School

District No. 15, [1996] 1 S.C.R. 825

David Attis Appellant v.

The Board of School Trustees, District No. 15 Respondent and

The Human Rights Commission of New Brunswick,

Malcolm Ross, the Department of Education of

New Brunswick, the New Brunswick Teachers'

Federation, and the Canadian Jewish Congress Respondents and

Brian Bruce, Brian Bruce Consultants Ltd.,

the Human Rights Board of Inquiry, and the

Minister of Labour of New Brunswick Respondents and between

The Human Rights Commission of New Brunswick Appellant v.

The Board of School Trustees, District No. 15 Respondent and

David Attis Respondent and

Malcolm Ross, the Department of Education of

New Brunswick, the New Brunswick Teachers'

Federation, and the Canadian Jewish Congress Respondents and

Brian Bruce, Brian Bruce Consultants Ltd.,

the Human Rights Board of Inquiry, and the

Minister of Labour of New Brunswick Respondents and between

The Canadian Jewish Congress Appellant v.

The Board of School Trustees, District No. 15 Respondent and

Malcolm Ross Respondent and

David Attis Respondent and

The Human Rights Commission of New Brunswick,

the Department of Education of New Brunswick,

and the New Brunswick Teachers' Federation Respondents and

Brian Bruce, Brian Bruce Consultants Ltd.,

the Human Rights Board of Inquiry, and the Minister of Labour of New Brunswick Respondents and

The Attorney General of British Columbia,

the League for Human Rights of B'Nai Brith Canada,

the Canadian Civil Liberties Association, and the Canadian Association of Statutory Human

Rights Agencies Interveners

Indexed as: Ross v. New Brunswick School District No. 15

File No.: 24002.

1995: October 31; 1996: April 3.

Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for new brunswick

Civil rights -- Discrimination -- Services to the public -- Teacher publicly making discriminatory statements in his off-duty time -- Whether school board which employs teacher discriminating with respect to services it offers to public -- Human Rights Act, R.S.N.B. 1973, c. H-11, s. 5(1).

Judicial review -- Standard of review -- Human rights tribunal -- Issues raised involving constitutional and administrative law components -- Different standards of review applicable -- Relationship between administrative law standard of review and constitutional standard of review under Canadian Charter of Rights and Freedoms.

Administrative law -- Human rights tribunal -- Jurisdiction -- Teacher publicly making discriminatory statements in his off-duty time -- Human rights board of inquiry making finding of discrimination against school board which employs teacher -- School board ordered to remove teacher from his teaching position, and to terminate his employment immediately if he wrote anti-Semitic materials or sold his previous publications -- Whether Board's finding of discrimination and order beyond its jurisdiction -- Human Rights Act, R.S.N.B. 1973, c. H-11, ss. 20(1), (6.2), 21(1).

Constitutional law -- Charter of Rights -- Freedom of expression -- Teacher publicly making discriminatory statements in his off-duty time -- Human rights board of inquiry ordering school board to remove teacher from his teaching position, and to terminate his employment immediately if he wrote anti-Semitic materials or sold his previous publications -- Whether order infringes on teacher's freedom of expression -- If so, whether infringement justified -- Canadian Charter of Rights and Freedoms, ss. 1, 2(b).

Constitutional law -- Charter of Rights -- Freedom of religion -- Teacher publicly making discriminatory statements in his off-duty time -- Human rights board of inquiry ordering school board to remove teacher from his teaching position, and to terminate his employment immediately if he wrote anti-Semitic materials or sold his previous publications -- Whether order infringes on teacher's freedom of religion -- If so, whether infringement justified -- Canadian Charter of Rights and Freedoms, ss. 1, 2(a).

For several years, R, a teacher, publicly made racist and discriminatory comments against Jews during his off-duty time. R's writings and statements communicating his anti-Semitic views include four books or pamphlets, letters to a local newspaper, and a local television interview. A Jewish parent filed a complaint with the New Brunswick Human Rights Commission, alleging that the School Board, which employed R as a teacher, violated s. 5(1) of the Human Rights Act by discriminating against him and his children in the provision of accommodation, services or facilities on the basis of religion and ancestry. The Board of Inquiry (the "Board") found that R's off-duty comments denigrated the faith and belief of Jews. The Board further found that the School Board was in breach of s. 5(1), concluding that it discriminated by failing to discipline R meaningfully in that, by its almost indifferent response to t...

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