Tribunal had no jurisdiction to consider settlement between parties

HUMAN RIGHTS COMMISSION/TRIBUNAL

Tribunal had no jurisdiction to consider settlement between parties

In 2003, employee filed complaint with Canadian Human Rights Commission arguing Canadian International Development Agency’s practices regarding employment and harassment in workplace were discriminatory and violated s. 7 of Canadian Human Rights Act. In 2006, settlement occurred and hearing before tribunal was postponed indefinitely. In early 2007, commission sent letter to tribunal indicating that terms of settlement had been approved by commission pursuant to s. 48(1) of act. Tribunal then informed parties that file was closed. In 2010, commission applied to tribunal to start new mediation process as parties disagreed on interpretation to be given to settlement. In 2012, decision rendered by Federal Court held settlement was deemed to be order of Federal Court. Employee unsuccessfully brought motion before tribunal requesting that file be re-opened. Employee brought application for judicial review. Application dismissed. There was no jurisdiction. Employee wished to resolve ambiguity in settlement by statutory tribunal which was not party to settlement approved by commission, and was not party to order. Tribunal was statutory creature that had no jurisdiction to consider settlement between parties as administrative tribunal had no inherent jurisdiction, taking its existence and jurisdiction from act.
Rameau c. Canada (Procureur général) (Oct. 19, 2015, F.C., Yvan Roy J., File No. T-1992-14) 259 A.C.W.S. (3d) 534.