Collins v. Abrams et al., 2001 BCCA 22

JudgeRowles, Prowse and Finch, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJanuary 11, 2001
JurisdictionBritish Columbia
Citations2001 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.

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4 practice notes
  • Table of cases
    • Canada
    • Irwin Books Religious Institutions and The Law in Canada. Fourth Edition
    • June 20, 2017
    ...283 Abrams v. North Shore Free Press Ltd. (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.); 2001 BCCA 22........................................... 159 Action by Christians for the Abolition of Torture v. Canada (2002), 225 D.L.R. (4th) 99 (F.C.A.) ..................................................
  • Constitutional Fundamentals
    • Canada
    • Irwin Books Religious Institutions and The Law in Canada. Fourth Edition
    • June 20, 2017
    ...and the jurisdiction of the tribunal, see Abrams v. North Shore Free Press Ltd . (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.), aff’d 2001 BCCA 22 (C.A.). A third possibility, in addition to the Criminal Code and human rights legislation, may be the tort of defamation. In Simpson v. Mair (......
  • Collins v. Abrams et al., 2004 BCCA 96
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • February 13, 2004
    ...other remaining issues were remitted to the Tribunal. Collins appealed. The British Columbia Court of Appeal, in a decision reported in 149 B.C.A.C. 184; 244 W.A.C. 184 , dismissed the Collins subsequently died. The Attorney General applied for an order dismissing Collins' application for ......
  • Collins v. Abrams, (2001) 275 N.R. 392 (Motion)
    • Canada
    • Supreme Court (Canada)
    • August 9, 2001
    ...Commission and Attorney General of British Columbia , a case from the British Colum­bia Court of Appeal dated January 11, 2001. See 149 B.C.A.C. 184; 244 W.A.C. 184. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 1406, August 10, 2001. Motion dismissed. [End o......
2 cases
  • Collins v. Abrams et al., 2004 BCCA 96
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • February 13, 2004
    ...other remaining issues were remitted to the Tribunal. Collins appealed. The British Columbia Court of Appeal, in a decision reported in 149 B.C.A.C. 184; 244 W.A.C. 184 , dismissed the Collins subsequently died. The Attorney General applied for an order dismissing Collins' application for ......
  • Collins v. Abrams, (2001) 275 N.R. 392 (Motion)
    • Canada
    • Supreme Court (Canada)
    • August 9, 2001
    ...Commission and Attorney General of British Columbia , a case from the British Colum­bia Court of Appeal dated January 11, 2001. See 149 B.C.A.C. 184; 244 W.A.C. 184. See Bulletin of Proceedings taken in the Supreme Court of Canada at page 1406, August 10, 2001. Motion dismissed. [End o......
5 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books Religious Institutions and The Law in Canada. Fourth Edition
    • June 20, 2017
    ...283 Abrams v. North Shore Free Press Ltd. (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.); 2001 BCCA 22........................................... 159 Action by Christians for the Abolition of Torture v. Canada (2002), 225 D.L.R. (4th) 99 (F.C.A.) ..................................................
  • Constitutional Fundamentals
    • Canada
    • Irwin Books Religious Institutions and The Law in Canada. Fourth Edition
    • June 20, 2017
    ...and the jurisdiction of the tribunal, see Abrams v. North Shore Free Press Ltd . (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.), aff’d 2001 BCCA 22 (C.A.). A third possibility, in addition to the Criminal Code and human rights legislation, may be the tort of defamation. In Simpson v. Mair (......
  • Constitutional Fundamentals
    • Canada
    • Irwin Books Archive Religious Institutions and the Law in Canada. Third Edition
    • September 7, 2010
    ...and the jurisdiction of the tribunal, see Abrams v. North Shore Free Press Ltd . (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.), aff’d 2001 BCCA 22 (C.A.). A third possibility, in addition to the Criminal Code and human rights legislation, may be the tort of defamation. In Simpson v. Mair (......
  • Table of cases
    • Canada
    • Irwin Books Archive Religious Institutions and the Law in Canada. Third Edition
    • September 7, 2010
    ........................................ 161, 162 Abrams v. North Shore Free Press Ltd. (No. 3) (1999), 33 C.H.R.R. D/435 (B.C. Trib.); 2001 BCCA 22 .......................................... 152 Action by Christians for the Abolition of Torture v. Canada (2002), 225 D.L.R. (4th) 99 (F.C.A.) .......
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