Collins v. Abrams et al., 2001 BCCA 22

• Judge: Rowles, Prowse and Finch, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 11, 2001
• Jurisdiction: British Columbia
• Citations: 2001 BCCA 22;(2001), 149 B.C.A.C. 184 (CA)

Collins v. Abrams (2001), 149 B.C.A.C. 184 (CA);

    244 W.A.C. 184

MLB headnote and full text

Temp. Cite: [2001] B.C.A.C. TBEd. MR.088

Doug Collins (petitioner/appellant) v. Harry Abrams, British Columbia Human Rights Tribunal, Deputy Chief Commissioner of the British Columbia Human Rights Commission and Attorney General of British Columbia (respondents)

(V03571; 2001 BCCA 22)

Indexed As: Collins v. Abrams et al.

British Columbia Court of Appeal

Rowles, Prowse and Finch, JJ.A.

January 11, 2001.

Summary:

Abrams filed a complaint of discrimi­nation against Collins and the North Shore News. Prior to the hearing before the Human Rights Tribunal, Collins sought and obtained a severance of the issues related to, inter alia, the constitu­tionality of s. 7(1)(b) of the Human Rights Code from the issue of the viol­ation simpliciter. The Tribunal upheld Abrams' complaint, finding that both Collins and the North Shore News viol­ated s. 7(1)(b) of the Code. The Tribunal ordered compen­sation to be paid to Ab­rams and publication of a summary of the Tribunal's decision. The North Shore News complied with the orders against it. Collins applied for a stay of the order pending determination of the con­stitu­tional issues. The Tribunal ordered a stay of the monetary part of the order. Collins then applied for judicial review of the Tribunal's decision. The Attorney Gen­eral also sought an order remitting the remainder of the judicial review applica­tion to the Tribunal.

The British Columbia Supreme Court, in a decision reported in 25 B.C.T.C. 302, held that since the Tribunal had not considered the constitutional and other issues before making the order, it was therefore not a final order and Collins' judicial review application was premature. The question as to whether the judicial review application disclosed a reasonable claim regarding the validity of the Tribunal's order was adjourned and the constitutional and other remaining issues were remitted to the Tribunal. Collins ap­pealed.

The British Columbia Court of Appeal dismissed the appeal.

Administrative Law - Topic 8931

Boards and tribunals - Powers - To deter­mine questions of law - The British Columbia Court of Appeal held that the B.C. Human Rights Tribunal had jurisdic­tion to determine issues as to the constitu­tional validity of s. 7(1)(b) of the Human Rights Code and questions of institutional bias and lack of independence in the Tri­bunal allegedly contrary to s. 11(d) of the Char­ter.

Administrative Law - Topic 9013

Boards and tribunals - Jurisdiction - Gen­eral - Constitutional questions - [See Administrative Law - Topic 8931 ].

Administrative Law - Topic 9052

Boards and tribunals - Jurisdiction of particular boards and tribunals - Provincial Human Rights Commission - B.C. Human Rights Tribunal - [See Administrative Law - Topic 8931 ].

Civil Rights - Topic 7082

Federal or provincial legislation - Boards of inquiry - Jurisdiction - [See Adminis­trative Law - Topic 8931 ].

Cases Noticed:

Berscheid v. Westbank Indian Band et al., [1998] B.C.A.C. Uned. 8 (C.A.), consd. [para. 6].

Cooper v. Canadian Human Rights Com­mission, [1996] 3 S.C.R. 854; 204 N.R. 1, refd to. [para. 6].

Counsel:

Douglas H. Christie, for the appellant, Doug Collins;

No one appearing for the respondent, Harry Abrams;

Katherine Hardie, for the respondent, B.C. Human Rights Tribunal;

Deborah K. Lovett, Q.C., for the respon­dent, Deputy Chief Commissioner of the British Columbia Human Rights Com­mission;

Lisa J. Mrozinski, for the respondent, Attorney General of British Columbia.

This appeal was heard before Rowles, Prowse and Finch, JJ.A., of the British Columbia Court of Appeal, at Victoria, British Columbia, on January 11, 2001, when the following decision was delivered orally for the court by Finch, J.A.