Date: 19980805
Docket: A-222-98
(T-1414-96)
OTTAWA, Ontario, Wednesday, August 5, 1998.
PRESENT: MARCEAU J.A.
BETWEEN
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA
Appellants
(Respondents)
- and -
CANADIAN TELEPHONE
EMPLOYEES ASSOCIATION and FEMMES ACTION
Co- Appellants
(Respondents)
- and -
BELL CANADA
Respondent
(Applicant)
- and -
CANADIAN HUMAN RIGHTS COMMISSION
Intervenor
REASONS FOR ORDER
(Delivered from the Bench at Ottawa, Ontario,
on Wednesday, August 5, 1998)
[1] It is clear to me that, in paragraphs 69 to 99 and paragraphs 101 and 102 of its memorandum, the intervenor, the Canadian Human Rights Commission, develops arguments defending the correctness of its interpretation of section 11 of the Canadian Human Rights Act. Such interpretation raises questions that are at the heart of the litigation and, if they may be said to go to jurisdiction, they cannot be defined as being questions relating to its "jurisdiction stricto sensu," within the meaning I gave to the expression in my order of May 22, 1998 which was the one given by Beetz J. in Union des employés de service, Local 298 v. Bibeault, [1988] 2 S.C.R. 1048. It follows that, in view of the limited intervenor status granted to the Commission by my order, which, without departing from the principles established by the case law following the leading decision of the Supreme Court in Northwestern Utilities Ltd. et al v. Edmonton, [1979] S.C.R. 684, wanted, because of the circumstances, to be restrictive enough to keep the tribunal out of the adversarial aspects of the proceedings, those paragraphs should not have been included in the intervenor's memorandum and should be struck out.
[2] An order will go to give effect to that conclusion.
J.A.
Date: 19980805
Docket: A-222-98
(T-1414-96)
OTTAWA, Ontario, Wednesday, August 5, 1998.
PRESENT: MARCEAU J.A.
BETWEEN
COMMUNICATIONS, ENERGY AND PAPERWORKERS
UNION OF CANADA
Appellants
(Respondents)
- and -
CANADIAN TELEPHONE
EMPLOYEES ASSOCIATION and FEMMES ACTION
Co- Appellants
(Respondents)
- and -
BELL CANADA
Respondent
(Applicant)
- and -
CANADIAN HUMAN RIGHTS COMMISSION
Intervenor
Heard at Ottawa, Ontario, on Wednesday, August 5, 1998.
Order rendered from the Bench on Wednesday, August 5, 1998.
REASONS FOR ORDER BY: MARCEAU J.A.