2011 SCC 53 (Released October 28, 2011)
Administrative Law – Remedial Jurisdiction
– Canadian Human Rights Act – Legal
Costs – Standard of Review – Statutory
Interpretation
The Supreme Court of Canada unanimously held that the Canadian
Human Rights Tribunal ("the Tribunal")
does not have the authority to award legal costs.
The applicant, Donna Mowatt, was compulsorily released from her
position as a traffic technician for the Canadian Forces. Following
her release, Ms. Mowatt filed a complaint with the Canadian Human
Rights Commission ("the Commission"),
alleging sexual harassment, adverse differential treatment, and
failure to continue to employ her on the basis of her sex. In
addition to awarding $4,000 plus interest for suffering, the
Tribunal considered conflicting Federal Court jurisprudence and
concluded that it had the authority to award legal costs pursuant
to s. 53(2) of the Canada Human Rights Act
("the Act"), which allows the
Tribunal to compensate
