The Complainant filed a complaint with the Yukon Human Rights Commission (“the Commission”). The Commission decided that the complaint should be referred for settlement discussions. If unsuccessful, then it should be referred to the Yukon Human Rights Board of Adjudication (“the Board”). Then, the Commission sent a letter to the Board advising that the Respondent had made an application to the Commission, asking it to reconsider its decision to refer the complaint to the Board. Several months later, the Commission determined that the principles of procedural fairness and natural justice required reconsideration of their decision to refer the complaint to the Board. The Commission told the Board that it no longer had the power to consider the matter, as they dismissed the complaint in accordance with section 21 of the Yukon Human Rights Act.
This decision deals with whether the complaint should remain before the Board. Administrative law places great importance on the rules of natural justice and procedural fairness. Case law shows that a tribunal can revisit a decision that is challenged due to an alleged breach of natural justice or procedural fairness. In this case, the Commission decided to review its decision in light of the allegations that the decision breached these standards.
Therefore, the Board concluded that in these particular circumstances, the Commission’s decision to put aside their decision to refer the complaint to the Board effectively eliminated the need for the Board to proceed with the complaint.