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ARTICLE · 23 JANUARY 2020

Dismissal For Delay In A Human Rights Complaint

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In 2015, the Saskatchewan Human Rights Commission (the "Commission") received a complaint naming Gregory Burke as well as two corporate employers as respondents.

CanadaEmployment and HR

Case Comment: Burke v Saskatchewan Human Rights Commission, 2019 SKQB 339

In 2015, the Saskatchewan Human Rights Commission (the "Commission") received a complaint naming Gregory Burke as well as two corporate employers as respondents. At the time, Mr. Burke was the Museum Director for what is now the Remai Modern, and he was alleged to have discriminated against female employees.

The Investigation and Court Application

In 2019, four years after the Commission commenced an investigation into the complaint as part of the standard process, Mr. Burke brought an application to the Court of Queen's Bench seeking an order granting a stay of the entire proceedings or, alternatively, seeking an order both granting a stay of the proceedings to the extent they relate to him and removing him as a respondent. Mr. Burke argued that the investigation process resulted in inordinate delay, which caused him prejudice, and as a result the complaint against him ought to be

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