Summary

Keywords

Human rights - Judicial review - Human Rights — Judicial review — Security for costs — Whether the British Columbia Court of Appeal erred by failing to act in accordance with its duties under s. 96 of the Constitution Act, 1867 — Whether the British Columbia Court of Appeal erred by improperly limiting its authority under the Court of Appeal Act and failing to decide issues properly before it, resulting in a miscarriage of justice — Whether the British Columbia Court of Appeal erred by failing to give effect to the applicant’s rights under ss. 7, 8 and 15 of the Canadian Charter of Rights and Freedoms — Whether the British Columbia Court of Appeal erred by failing to give effect to unwritten constitutional principles, including separation of powers, legality, constitutionalism and the rule of law, access to justice, respect for minorities and judicial independence — Whether the British Columbia Court of Appeal erred by failing to give effect to Canada and British Columbia’s obligations under international law including the Convention on the Rights of Persons with Disabilities and the Convention on the Elimination of All Forms of Racial Discrimination —Whether the British Columbia Court of Appeal erred by failing to give effect to common law principles, including stare decisis and functus officio.

Summary

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The applicant, Mr. Njoroge, filed a complaint to the British Columbia Human Rights Tribunal alleging that the respondent, University of British Columbia, failed to accommodate his disability in violation of the Human Rights Code. In considering the complaint, the Tribunal made several interim decisions and orders regarding disclosure by Mr. Njoroge, an amendment application by him, and an application to have a member of the Tribunal recused. Mr. Njoroge sought judicial review of these interim decisions. He subsequently sought a stay of the human rights complaint pending resolution of the judicial review application and an order for advanced costs. The Tribunal dismissed Mr. Njoroge’s complaint. A judge of the Supreme Court of British Columbia dismissed Mr. Njoroge’s application for a stay and advanced costs. After Mr. Njoroge commenced an appeal to the Court of Appeal, the University of British Columbia sought an order that Mr. Njoroge be required to post security for costs and that the appeal be stayed in the meantime; and Mr. Njoroge sought a variety of orders in respect to advancing the appeal and he advanced the proposition that the provision of the Court of Appeal Act which provided for an order of security for costs was constitutionally invalid. A single judge of the Court of Appeal granted the University of British Columbia’s request for security for costs and adjourned Mr. Njoroge’s applications. Mr. Njoroge’s further request to the Court of Appeal that the order of the single judge be varied was dismissed.