A-404-95
(T-711-95)
| CORAM: DESJARDINS J.A. |
DÉCARY, J.A.
| ROBERTSON J.A. |
| IN THE MATTER OF a reference pursuant to section 18.3(1) of the Federal Court Act, R.S.C. 1985, c. F-7, of questions or issues of law that have arisen before the Canadian Human Rights Commission in connection with the complaint of NIICHRO dated December 9th, 1992. |
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
- and -
NATIONAL INDIAN & INUIT COMMUNITY
HEALTH REPRESENTATIVES ORGANIZATION
Respondent
(omplainant)
- and -
HEALTH CANADA
AND TREASURY BOARD
Respondents
(Respondents)
Heard at Ottawa, Ontario, Tuesday, March 4, 1997.
Judgment rendered from the Bench, March 4, 1997.
REASONS FOR JUDGMENT OF THE COURT
DELIVERED BY: DESJARDINS J.A.
A-404-95
(T-711-95)
| CORAM: DESJARDINS J.A. |
DÉCARY, J.A.
| ROBERTSON J.A. |
| IN THE MATTER OF a reference pursuant to section 18.3(1) of the Federal Court Act, R.S.C. 1985, c. F-7, of questions or issues of law that have arisen before the Canadian Human Rights Commission in connection with the complaint of NIICHRO dated December 9th, 1992. |
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
- and -
NATIONAL INDIAN & INUIT COMMUNITY
HEALTH REPRESENTATIVES ORGANIZATION
Respondent
(omplainant)
- and -
HEALTH CANADA
AND TREASURY BOARD
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
Tuesday, March 4, 1997.)
DESJARDINS J.A.
The appellant has pleaded essentially that the motion judge erred in dismissing its motion for directions under Rule 1504 on account of a lack of agreed statement of facts.
While the requirement pronounced by the motion judge is too narrow in view of the existing jurisprudence1, we are still at a loss to find in the record findings of facts "proved or admitted before the tribunal"2 which constitute the proper base for a reference before the Court.
This appeal will be dismissed.
"Alice Desjardins"
________________________
J.A.
A-404-95
(T-711-95)
IN THE MATTER OF a reference pursuant to section 18.3(1) of the Federal Court Act, R.S.C. 1985, c. F-7, of questions or issues of law that have arisen before the Canadian Human Rights Commission in connection with the complaint of NIICHRO dated December 9th, 1992.
BETWEEN:
CANADIAN HUMAN RIGHTS COMMISSION
Appellant
- and -
NATIONAL INDIAN & INUIT COMMUNITY
HEALTH REPRESENTATIVES ORGANIZATION
Respondent
(omplainant)
- and -
HEALTH CANADA
AND TREASURY BOARD
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
__________________
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-404-95
APPEAL AGAINST A JUDGMENT OF THE TRIAL DIVISION DELIVERED JUNE 22, 1995 TRIAL DIVISION FILE NO.: T-711-95
STYLE OF CAUSE: Canadian Human Rights Commission v. National Indian & Inuit Community Health Representatives Organisation et al.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: March 4, 1997
REASONS FOR JUDGMENT OF THE COURT
(Desjardins, Décary, Robertson JJ.A.)
DELIVERED FROM THE BENCH BY: Desjardins, J.A.
APPEARANCES:
Mr. René Duval for the Appellant
Mr. André Garneau, Q.C. for the Repondent
SOLICITORS OF RECORD:
Senior Counsel
Canadian Human Rights Commission for the Appellant
Mr. George Thomson
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent