Case information

Administrative law — Judicial review — Procedure — Boards and tribunals — Canadian Human Rights Commission — Applicant complaining of discrimination within public service —Commission declining to deal with applicant’s complaint — Federal Court determining decision not to deal with complaint was reasonable — Process for civil servants to report illegal action of government — Whether managers within civil service empowered to override constitution —Canadian Human Rights Act, R.S.C. 1985, c. H-6, s. 41(1)(e)

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Applicant Nina Tryggvason filed a complaint with the Canadian Human Rights Commission. Relying on s. 41(1)(e) of the Canadian Human Rights Act, the Commission declined to deal with her complaint because it was based on acts or omissions that had occurred more than one year before the complaint was filed. The Commission also found that Ms. Tryggvason had not provided a reasonable explanation for the delay in submitting her complaint.

Ms. Tryggvason sought judicial review of the Commission’s decision to decline to deal with the complaint. The Federal Court concluded that the Commission’s decision not to deal with Ms. Tryggvason’s complaint under s. 41(1)(e) of the Act was reasonable. Her application was dismissed.