Scowby et al. v. Glendinning, (1983) 23 Sask.R. 16 (CA)

• Judge: Bayda, C.J.S., Woods and Tallis, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 24, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 23 Sask.R. 16 (CA)

Scowby v. Glendinning (1983), 23 Sask.R. 16 (CA)

MLB headnote and full text

Scowby, Ganes, Clarke, Hopper, Woodward and MacBride v. Glendinning

(No. 7920)

Indexed As: Scowby et al. v. Glendinning

Saskatchewan Court of Appeal

Bayda, C.J.S., Woods and Tallis, JJ.A.

March 24, 1983.

Summary:

Several citizens filed a complaint with the Saskatchewan Human Rights Commission against six members of the Royal Canadian Mounted Police. The citizens alleged that they were denied rights guaranteed to them by s. 7 of the Saskatchewan Human Rights Code. The Attorney General of Saskatchewan appointed a Board of Inquiry to investigate the complaints. The six members of the R.C.M.P. applied to the Saskatchewan Court of Queen's Bench for prohibition to prevent the Board of Inquiry from inquiring into the complaints.

The Saskatchewan Court of Queen's Bench, in a decision reported in (1983), 19 Sask.R. 26, granted the application. The Chairman of the Board of Inquiry appealed.

The Saskatchewan Court of Appeal allowed the appeal.

Civil Rights - Topic 3501

Detention and imprisonment - General - S. 7 of the Saskatchewan Human Rights Code guaranteed the right against arbitrary arrest and detention - The Saskatchewan Court of Appeal held that s. 7 applied to individual members of the R.C.M.P. while engaged in the investigation of offences under the Criminal Code of Canada - See paragraphs 33 to 35.

Civil Rights - Topic 7004

Provincial legislation - Application of - The Saskatchewan Court of Appeal held that the Saskatchewan Human Rights Code, being a provincial law of general application, generally applied to persons employed by federal institutions, such as the R.C.M.P. - See paragraph 23.

Civil Rights - Topic 7068

Provincial legislation - Commissions or boards - Jurisdiction - Complaints against federal authorities - R.C.M.P. - The Saskatchewan Court of Appeal held that a Board of Inquiry appointed under the Saskatchewan Human Rights Code had the power to inquire into complaints about specific acts allegedly committed by individual members of the R.C.M.P. on a specific date - See paragraphs 25 to 32.

Constitutional Law - Topic 3614

Paramountcy of federal statutes - Overlapping legislation - Conflict - What constitutes - The right against arbitrary arrest and detention was guaranteed in s. 7 of the Saskatchewan Human Rights Code - Sections 450-454, 457 and 459 of the Criminal Code of Canada dealt with lawful arrest and matters ancilliary thereto - The Saskatchewan Court of Appeal held that there was no conflict between those provisions on which to invoke the paramountcy doctrine - See paragraphs 33 to 35.

Constitutional Law - Topic 7324

Provincial jurisdiction and enumeration in s. 92 of the B.N.A. Act - Property and Civil rights - Human rights legislation - Application of - The Saskatchewan Court of Appeal held that the Province may, pursuant to the Saskatchewan Human Rights Code, direct a Board of Inquiry to investigate a complaint about specific acts allegedly committed by individual members of the R.C.M.P. on a specific date - The court held that the power existed under the property and civil rights powers granted to the province under s. 92(13) of the Constitution Act, 1867 - See paragraphs 25 to 32.

Constitutional Law - Topic 7402

Provincial jurisdiction and enumeration in s. 92 of the B.N.A. Act - Property and civil rights - Administration of justice - Extent of power or subject matter - The Saskatchewan Court of Appeal held that the Province may, pursuant to the Saskatchewan Human Rights Code, direct a Board of Inquiry to investigate a complaint about specific acts allegedly committed by individual members of the R.C.M.P. on a specific date - The court held that the power existed under the provincial authority respecting the administration of justice in the province - See paragraphs 25 to 32.

Constitutional Law - Topic 8613

Judicial power - Appointment of judges - S. 96 of the B.N.A. Act - Provincial human rights legislation - The Saskatchewan Court of Appeal held that the judicial function given to the Saskatchewan Human Rights Commission or a Board of Inquiry appointed thereunder to hear complaints of violations of human rights does not contravene the federal power to appoint judges under s. 96 of the Constitution Act, 1867 - See paragraphs 12, 20 to 22.

Cases Noticed:

Beauchene and Peltier v. Gunson, [1928] 2 W.W.R. 497, refd to. [para. 4].

Selch v. Baker, [1922] 1 W.W.R. 785, refd to. [para. 4].

Block v. Schauerte (1965), 52 W.W.R.(N.S.) 548, refd to. [para. 4].

Lang v. Burch and Carlson, [1983] 1 W.W.R. 55, refd to. [para. 10].

Massey-Ferguson Industries Limited, et al. v. Saskatchewan, Government of, et al., [1981] 2 S.C.R. 413; 39 N.R. 308; 127 D.L.R.(3d) 513, refd to. [para. 12, 22].

Re The Residential Tenancies Act, 1979, [1981] 1 S.C.R. 714; 37 N.R. 158, refd to. [para. 12, 21].

Capital Region District v. Concerned Citizens of British Columbia et al. (1983), 45 N.R. 95, refd to. [para. 12, 22].

Crevier v. Attorney General of Quebec, [1981] 2 S.C.R. 220; 38 N.R. 451, refd to. [para. 20].

Tomko v. Labour Relations Board (Nova Scotia), [1977] 1 S.C.R. 112; 7 N.R. 317; 14 N.S.R.(2d) 191; 11 A.P.R. 191, refd to. [para. 22].

Corporation of the City of Mississauga v. Regional Municipality of Peel et al., [1979] 2 S.C.R. 244; 26 N.R. 200; refd to. [para. 22].

Canadian Javelin Ltd., Re; Sparling et al. v. Smallwood (1982), 44 N.R. 571, refd to. [para. 24].

Attorney General of Quebec and Keable v. Attorney General of Canada et al., [1979] 1 S.C.R. 218; 24 N.R. 1; 90 D.L.R.(3d) 161, not appld. [para. 25].

Attorney General of Alberta et al. v. Putnam et al., [1981] 2 S.C.R. 267; 37 N.R. 1; 123 D.L.R.(3d) 257, not appld. [para. 25].

Chartier v. Attorney General of Quebec, [1979] 2 S.C.R. 474; 27 N.R. 1, refd to. [para. 35].

Statutes Noticed:

Saskatchewan Human Rights Code, S.S. 1979, c. S-24.1, sect. 2(m) [para. 23]; sect. 3 [para. 14]; sect. 4, sect. 5, sect. 6, sect. 7, sect. 8 [para. 15]; sect. 7 [paras. 1, 11, 33 to 35]; sect. 25 [para. 16]; sect. 27, sect. 28, sect. 29, sect. 30, sect. 31, sect. 32, sect. 33 [para. 19]; sect. 28 [para. 6]; sect. 29 [paras. 6, 8, 11 to 12]; sect. 31 [paras. 11 to 12]; sect. 35, sect. 36 [para. 17]; sect. 38 [para. 18].

Constitution Act, 1867, sect. 96 [paras. 11 to 12, 20 to 22].

Royal Canadian Mounted Police Act, R.S.C. 1970, c. R-9, sect. 37(3) [para. 31].

Royal Canadian Mounted Police Act Regulations, Regulation 25 [paras. 21, 31].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 450, sect. 451, sect. 452, sect. 453, sect. 454, sect. 457 and sect. 459 [para. 35].

Authors and Works Noticed:

International Covenant on Civil and Political Rights and the Optional Protocol to the International Covenant, Article 9(1) [para. 13].

International Covenant on Civil and Political Rights: Report of Canada on Implementation of the Provisions of the Covenant, March 1979 [para. 13].

Second Report of the Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police [para. 30].

Counsel:

M.C. Woodard, for the appellant;

C. Dean Campbell, for the respondents;

J. MacPherson, for the intervenant, Attorney General of Saskatchewan.

This appeal was heard before BAYDA, C.J.S., WOODS and TALLIS, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was delivered at Regina, Saskatchewan, on March 24, 1983, by TALLIS, J.A.