Doucet v. CEPU, (2015) 443 N.B.R.(2d) 24 (TD)

Judge:Christie, J.
Court:Court of Queen's Bench of New Brunswick
Case Date:September 01, 2015
Jurisdiction:New Brunswick
Citations:(2015), 443 N.B.R.(2d) 24 (TD);2015 NBQB 218
 
FREE EXCERPT

Doucet v. CEPU (2015), 443 N.B.R.(2d) 24 (TD);

    443 R.N.-B.(2e) 24; 1159 A.P.R. 24

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Temp. Cite: [2015] N.B.R.(2d) TBEd. DE.014

Renvoi temp.: [2015] N.B.R.(2d) TBEd. DE.014

Richard Doucet (applicant) v. Communications, Energy and Paperworkers Union of Canada (respondent)

(SJM/50/2015; 2015 NBQB 218; 2015 NBBR 218)

Indexed As: Doucet v. Communications, Energy and Paperworkers Union of Canada

Répertorié: Doucet v. Communications, Energy and Paperworkers Union of Canada

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Christie, J.

November 9, 2015.

Summary:

Résumé:

The applicant, a former union employee, filed a discrimination complaint against the union on the basis of age, mental and physical disability, and political belief or activity. An investigator recommended that the New Brunswick Human Rights Commission not dismiss the complaint and that it be referred to a board of inquiry. Notwithstanding the investigator's recommendation, the Commission dismissed the complaint. The applicant applied for judicial review.

The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application.

Civil Rights - Topic 999.3

Discrimination - Employment - Political activities - [See Civil Rights - Topic 1075 ].

Civil Rights - Topic 1075

Discrimination - Political belief - General - The applicant, a former union employee, filed a discrimination complaint against the union on the basis of age, mental and physical disability, and political belief or activity - The New Brunswick Human Rights Commission dismissed the complaint - The applicant applied for judicial review - The New Brunswick Court of Queen's Bench, Trial Division, dismissed the application - The Commission's reasons were sufficient - The decision was not unreasonable - As to the claim based on age and mental and physical disability, the evidence was lacking - There was sufficient information to produce an arguable case based on political belief or activity discrimination - However, this was not a case of activity related to a political party, but a case based on office or organizational politics, a matter not covered by the prohibitions in s. 4(1) of the Human Rights Act - See paragraphs 38 to 59.

Civil Rights - Topic 7046

Federal, provincial or territorial legislation - Commissions or boards - General - Duty of fairness (incl. delay) - It took over five and three quarter years from the time a discrimination complaint was filed until it was dismissed by the New Brunswick Human Rights Commission - On judicial review, the New Brunswick Court of Queen's Bench, Trial Division (Christie, J.), stated that "While I make no comment on the reasons for the delay, I cannot not help but observe that such a delay could create a degree of jeopardy to the rights of all the parties. There must be a better way. Such sentiments echo the concern raised ... in New Brunswick Human Rights Commission v. Province of New Brunswick ... [2010 NBCA] ... As Robertson, J.A. noted at para. 59, and a point on which I completely agree, 'While this case may not run afoul of the abuse of process doctrine, the length of the delay is a source of embarrassment.'. Delays of this length have consequences that could degrade the ability of the Commission to carry out its functions in protecting the rights of all those involved in such matters" - See paragraph 5.

Cases Noticed:

New Brunswick v. Human Rights Commission (N.B.) (2010), 360 N.B.R.(2d) 283; 930 A.P.R. 283; 2010 NBCA 40, refd to. [para. 38].

University of New Brunswick v. Human Rights Commission (N.B.) et al. (2013), 403 N.B.R.(2d) 334; 1045 A.P.R. 334; 2013 NBQB 148, refd to. [para. 29].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 41].

Tower v. Foulkes (2015), 436 N.B.R.(2d) 325; 1139 A.P.R. 325; 2015 NBCA 29, refd to. [para. 42].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 51].

Statutes Noticed:

Human Rights Act, R.S.N.B. 1973, c. H-11, sect. 4(1) [para. 55].

Counsel:

Avocats:

Matthew R. Letson and Laura K. Cutler, for the applicant;

James L. Shields, for the respondent.

This application was heard on September 1, 2015, before Christie, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision on November 9, 2015.

To continue reading

FREE SIGN UP