University of Saskatchewan v. Women 2000 et al., 2006 SKCA 42

JudgeCameron, Richards and Smith, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateMarch 30, 2006
JurisdictionSaskatchewan
Citations2006 SKCA 42;(2006), 279 Sask.R. 74 (CA)

Sask. Univ. v. Women 2000 (2006), 279 Sask.R. 74 (CA);

    372 W.A.C. 74

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. MY.040

University of Saskatchewan (appellant) v. Women 2000, an unincorporated association composed of Natashia Neumann, Rhonda Gough, Arlene Rey, Henriette Morelli, Tracy Marchant, Bev West, and Glenis Joyce, and the Saskatchewan Human Rights Commission (respondents)

(No. 1197; 2006 SKCA 42)

Indexed As: University of Saskatchewan v. Women 2000 et al.

Saskatchewan Court of Appeal

Cameron, Richards and Smith, JJ.A.

April 17, 2006.

Summary:

In April 2000, a group of women known as Women 2000 filed a complaint against the University of Saskatchewan with the Saskatchewan Human Rights Commission. In 2001, the relevant legislation was amended to remove the requirement that the Chief Commissioner must find probable cause before referring a matter to a tribunal. In September 2004, the Chief Commissioner referred Women 2000's complaint to a tribunal for an inquiry. In April 2005, the tribunal made a preliminary decision dismissing the University's objections regarding jurisdiction of the tribunal and the Chief Commissioner's exercise of discretion. The University sought judicial review of the preliminary decision of the tribunal and the Chief Commissioner's September 2004 decision, requesting certiorari to quash both decisions and an order of prohibition preventing the inquiry from proceeding.

The Saskatchewan Court of Queen's Bench, in a decision reported at 267 Sask.R. 33, dismissed the application. The University appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

Civil Rights - Topic 7004

Federal, provincial or territorial legislation - General - Application of legislation (incl. retroactivity) - [See Statutes - Topic 6715 ].

Civil Rights - Topic 7044.1

Federal, provincial or territorial legislation - Commissions or boards - General - Role of commissioner, chairperson, etc. - A group of seven individuals signing themselves "Women 2000" collectively filed a complaint against a university with the Saskatchewan Human Rights Commission, alleging that the women's hockey program at the university received less funding and support than the men's program - The complainants were not affiliated with the hockey team - The complaint was referred to a tribunal - The university sought certiorari to quash the Commissioner's decision to refer the matter to a tribunal on the basis that she had failed to exercise her discretion under s. 27(2) of the Saskatchewan Human Rights Code in failing to consider refusing to act on the complaint without the consent of the alleged victims - The trial court dismissed the application - The university appealed - The Saskatchewan Court of Appeal dismissed the appeal - Section 27(2) merely conferred an optional authority to refuse to proceed with a complaint without the consent of alleged victims where that was appropriate - It did not operate to constrain decision-making or impose a precondition - See paragraphs 44 to 51.

Civil Rights - Topic 7104

Federal, provincial or territorial legislation - Practice - Status to complain - A group of seven individuals signing themselves "Women 2000" collectively filed a complaint against a university with the Saskatchewan Human Rights Commission - The complaint was referred to a tribunal - The university asked the tribunal to quash the Commissioner's decision to refer the matter to a tribunal, arguing that Women 2000 was an unincorporated association that was not a "person" within the meaning of the Saskatchewan Human Rights Code - The tribunal concluded that the complaint was of seven persons and was entitled to proceed - The university sought judicial review - The trial court dismissed the application - The university appealed, submitting that the complaint was a nullity because an unincorporated association was not a person and only a person could file a complaint - The Saskatchewan Court of Appeal dismissed the appeal - The tribunal's decision that the complaint had been filed by seven people was a finding of fact that attracted a substantial measure of deference - While part of the complaint was discordant with the notion that it was filed by individuals acting as individuals, the tribunal's conclusion was not unreasonable - See paragraphs 35 to 43.

Statutes - Topic 6715

Operation and effect - Commencement, duration and repeal - Retrospective and retroactive enactments - Retrospective or retroactive operation - Procedural matters - In 2000, a human rights violation complaint was filed against a university - In 2001, the Saskatchewan Human Rights Code and Regulations were amended - The requirement that the Commissioner must find probable cause before referring a matter to a tribunal was removed - In 2004, the complaint was referred to a tribunal - The university sought certiorari to quash the Commissioner's decision because the referral had been made without a finding of probable cause - The trial court dismissed the application - The university appealed, submitting, inter alia, that it had a vested right to the effect that a complaint would not go to a hearing without a probable cause finding and that the amended legislation should not be read as interfering with that right - The Saskatchewan Court of Appeal dismissed the appeal - The probable cause concept was a device which allowed the Commission to determine which complaints had sufficient merit to warrant efforts at settlement - It was procedural in character and did not involve a vested right - See paragraphs 13 to 34.

Cases Noticed:

Spooner Oils Ltd. v. Turner Valley Gas Conservation Board, [1933] S.C.R. 629, dist. [para. 15].

Wright v. Hale (1860), 6 H.& N. 227; 158 E.R. 94, refd to. [para. 17].

Scott v. College of Physicians and Surgeons (Sask.) (1992), 100 Sask.R. 291; 18 W.A.C. 291; 95 D.L.R.(4th) 706 (C.A.), dist. [para. 31].

R. v. Abell (1979), 3 Sask.R. 181; 49 C.C.C.(2d) 193 (C.A.), dist. [para. 31].

Canadian Acceptance Corp. v. Matte (1957), 9 D.L.R.(2d) 304 (Sask. C.A.), dist. [para. 31].

Bell Canada v. Palmer, [1974] 1 F.C. 186; 1 N.R. 436 (F.C.A.), dist. [para. 31].

Royal Bank of Canada v. Concrete Column Clamps (1961) Ltd., [1971] S.C.R. 1038, consd. [para. 31].

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982; 226 N.R. 201, addendum [1998] 1 S.C.R. 1222, refd to. [para. 38].

Pacheco v. Minister of Employment and Immigration (1990), 111 N.R. 373; 71 D.L.R.(4th) 762 (F.C.A.), consd. [para. 45].

Statutes Noticed:

Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, sect. 27(2) [para. 50]; sect. 27.1(2), sect. 28 [para. 26].

Authors and Works Noticed:

Côté, Pierre-André, Interpretation of Legislation in Canada (3rd Ed. 2000), p. 178 [para. 17].

Counsel:

Catherine Sloan and Nikki Rudachyk, for the appellant;

Milton Woodard, Q.C., for Saskatchewan Human Rights Commission;

Leslie Belloc-Pinder, for the respondents (did not appear).

This appeal was heard on March 30, 2006, by Cameron, Richards and Smith, JJ.A., of the Saskatchewan Court of Appeal. Richards, J.A., delivered the following written reasons for judgment for the court on April 17, 2006.

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    ...Wayden Transportation Systems Inc., Re, [2001] B.C.L.R.B.D. 457, refd to. [para. 53]. University of Saskatchewan v. Women 2000 et al. (2006), 279 Sask.R. 74; 372 W.A.C. 74; 268 D.L.R.(4th) 558; 2006 SKCA 42, refd to. [para. Statutes Noticed: Interpretation Act, S.S. 1995, c. I-11.2, sect. 3......
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5 cases
  • R. v. Ewenin (C.M.), 2014 SKQB 131
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 1 Mayo 2014
    ...control in the community" that conflicts with the decisions in this Court in R. v. Otto (M.E.) , (2006), 279 Sask.R. 182; 372 W.A.C. 182, 2006 SKCA 42 and R. v. Goforth (M.A.) , (2007), 302 Sask.R. 265; 411 W.A.C. 265, 2007 SKCA 144, both of which allowed a Crown appeal from the sentencing ......
  • Wal-Mart Canada Corp. v. United Food and Commercial Workers, Local 1400 et al., 2009 SKQB 247
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 23 Junio 2009
    ...274 N.R. 116; 155 B.C.A.C. 193; 254 W.A.C. 193; 2001 SCC 52, refd to. [para. 15]. University of Saskatchewan v. Women 2000 et al. (2006), 279 Sask.R. 74; 372 W.A.C. 74; 2006 SKCA 42, refd to. [para. International Union of Operating Engineers, Local 115, Re, [1970] B.C.J. No. 323 (S.C.), ref......
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