Canadian Human Rights Tribunal Has No Authority To Award Costs, Says Supreme Court Of Canada

The issue of whether successful complainants are entitled to recover legal costs in human rights proceedings has been a matter of dispute in recent years. This has resulted in conflicting decisions from adjudicators interpreting human rights legislation in various jurisdictions. Typically, the question of whether costs can be awarded to a complainant is a matter of statutory interpretation, and the outcome is a result of the specific language contained in the human rights statute under review.

Last week, the Supreme Court of Canada (SCC) confirmed that the Canadian Human Rights Tribunal (CHRT) did not have authority to award legal costs to a complainant, under the provisions of the federal statute.1

THE LOWER LEVEL DECISIONS

The Mowat decision involved a sexual harassment complaint filed by an employee of the Canadian Armed Forces. The CHRT found that the complaint had been substantiated in part, and awarded the complainant $4,000 plus interest for "suffering in respect of feelings or self respect". She was also awarded $47,000 plus interest for legal costs, which represented a portion of the actual legal costs she claimed to have incurred. The CHRT found that it had jurisdiction to make the award for legal costs, pursuant to section 53(2)(c) of the Canadian Human Rights Act (the Act ), which...